INTELLECTUAL PROPERTY REPORTING FOR NIH GRANTEES THAT ALSO HAVE INVOLVEMENT WITH
THE VETERAN’s ADMINISTRATION [DEPARTMENT OF VETERAN’s AFFAIRS]
Release Date: April 23, 2001
NOTICE: NOT-OD-01-033
National Institutes of Health
In response to concerns raised by a number of recipients of NIH funds,
we have reviewed the issue of conflicting reporting requirements when
recipients of NIH funds also have involvement with the Veteran"s
Administration [Department of Veteran’s Affairs] (VA). Based on our
review and discussions with our legal staff, members of the recipient
community and VA and Department of Commerce officials, we are issuing
the following statement of clarification.
This is to confirm that inventions arising out of any NIH funded
research must be reported to the NIH by the recipient institution as
required under NIH policy, which is based upon the Bayh-Dole Act.
Details of reporting requirements can be found at http://iedison.gov.
IN CASES WHERE THE RECIPIENT INSTITUTION CHOOSES NOT TO ELECT TITLE OR
PURSUE PRACTICAL APPLICATION OF AN INVENTION, THE INSTITUTION MUST
PROPERLY NOTIFY THE NIH IN CONFORMANCE WITH THE TERMS AND CONDITIONS OF
THE FUNDING AGREEMENT.
In these cases, when the VA is involved with the invention, we request
that recipients note such involvement on their notice to the NIH and
provide a courtesy copy of the NIH notification to the appropriate VA
office. The NIH will notify the recipient institution and the VA
whether or not NIH has an interest in taking title and/or continuing
the pursuit of practical application of the invention.
The NIH also wishes to remind recipient institutions and investigators
that they must:
(1) Have policies and procedures in place to ensure that any agreements
entered into with third parties are consistent with the terms and
conditions of their award, including the provision of intellectual
property rights to the NIH, and third parties are informed of the NIH
requirements [see the NIH Grants Policy Statement for guidance
(http://grants.nih.gov/grants/policy/policy.htm)],
(2) Revise any agreements with third parties that are inconsistent with
the terms and conditions of an NIH award to remain in compliance with
the NIH award [see, Developing Sponsored Research Agreements:
Considerations for Recipients of NIH Research Grants and Contracts for
guidance (http://grants.nih.gov/grants/guide/notice-files/not94-327.html)],
(3) Seek approval from the NIH should they wish to waive or assign
title to another party, and
(4) Ensure that rights to inventions arising out of NIH funding agreements
are properly assigned to the institution in order to fulfill their
responsibilities under the funding agreement.
For further information on extramural intellectual property reporting
requirements and related IP policies, please email [email protected]
or call (301) 435-1986 for the Division of Extramural Inventions &
Technology Resources (DEITR), OPERA in the NIH Office of Extramural
Research (OER).
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