1. Thomas Moreland Agricultural Research Service Office of Technology Transfer

3.  A CA permits parties to exchange confidential information and data in order to determine whether they would like to enter into a research collaboration or license agreement.  The signatories of a CA agree to not disclose technical information received from the other party.  Parties shall not disclose Confidential Information received under this Agreement to any third party nor use such Confidential Information for any purpose other than that given above.  Confidential Information shall be excluded from confidentiality if the receiving Party can demonstrate…  Possession of the information prior to disclosure;  the information generally is available to the public at the time of disclosure, or becomes generally available, after disclosure, through no fault of receiving Party;  Receiving Party receives the information from a third party having the right to the information and who does not impose confidentiality obligations on the receiving Party;  USDA developed the material/information independently CONFIDENTIALITY/NON-DISCLOSURE AGREEMENT (CA/NDA)

4.  Confidential transfer of material and related information  Standard MTA can be developed to incorporate Plants, Select Agents, Animals/Fish and equipment  MTA is a type of confidentiality agreement that governs the transfer of research materials between two organizations  MTA does not transfer ownership - materials are merely lent to the receiving scientist and the MTA sets forth the conditions of the loan by defining the rights of the provider and recipient with respect to the materials and any derivatives, as well as the purposes to which the material may be put  Biological materials, such as reagents, cell lines, plasmids, and vectors, are the most frequently transferred materials  But, MTAs may also be used for other types of materials, such as chemical compounds and even some types of data sets and software  MTAs have one authority! The Technology Transfer Act MATERIAL TRANSFER AGREEMENT (MTA)

5.  A MTRA is a type of confidentiality agreement that governs the transfer of research materials between two organizations  Standard MTRA can be developed to incorporate Plants, Select Agents, Animals/Fish and equipment  MTRA does not transfer ownership - materials are merely lent to the receiving scientist and the MTRA sets forth the conditions of the loan by defining the rights of the provider and recipient with respect to the materials and any derivatives, as well as the purposes to which the material may be put  Biological materials, such as reagents, cell lines, plasmids, and vectors, are the most frequently transferred materials  But, MTRAs may also be used for other types of materials, such as chemical compounds and even some types of data sets and software  MTRAs have two authorities - The Technology Transfer Act and 7 USC 3291 & 7 USC 3318(b)  MTRAs are all about the expansion of the use of MTAs MATERIAL TRANSFER RESEARCH AGREEMENT (MTRA)

6. MTAMTRA MTRAs are used when providing proprietary material and the ownership of the material is to be protected. Can have collaborative research work with the addition of a Statement of Work (SOW). USDA can receive funds to support the research work. (Is possible to do an MTRA SCA) Can be collaborative alone, can be funds alone or both collaborative and funded together. Authority – Technology Transfer Act & Trust agreement authority 7 USC 3318(b) MTAs in, out or exchange are used when providing proprietary material and the ownership of the material is to be protected. No collaborative research work! No transfer of funds! Authority – Technology Transfer Act MTA or MTRA?

7.  The CRADA is a joint research effort with at least one non-Federal partner that has some degree of research capacity and which commits funds and/or in-kind resources to a collaborative effort with an USDA scientist.  The CRADA project is generally intended to create or optimize a commercial product, and it usually contemplates creating, securing, and licensing intellectual property related to the research effort.  A CRADA partner may be an individual company, a group of companies, an association, a university, or any combination of the preceding. It may also include another Federal agency, but only if there is an additional partner which is not a Federal agency.  The USDA actively seeks CRADAs with small and/or minority-owned businesses. There is no requirement to “compete” for CRADAs COOPERATIVE RESEARCH & DEVELOPMENT AGREEMENT (CRADA)

8.  When USDA receives material that - has the possibility of developing to a commercial product  Benefits to Firms:  Access to USDA research capacity  First right to negotiate Exclusive License for Subject Inventions without FR notice  Confidentiality (competitive advantage)  Opportunity to compete in global  FOIA Protection!!  Benefits to USDA:  Receipt of material needs to complete the USDA mission. MATERIAL TRANSFER COOPERATIVE RESEARCH & DEVELOPMENT AGREEMENT (MTA-CRADA)

10. Thomas Moreland Agricultural Research Service Office of Technology Transfer Partnership Liaison