NIH GRANTS POLICY STATEMENT (REV. 12/03): CORRECTION to INVENTION,
LICENSING AND PATENT COSTS
RELEASE DATE: May 27, 2004
NOTICE: NOT-OD-04-045
National Institutes of Health (NIH)
The purpose of this Notice is to correct the statement on the
allowability of invention, licensing and patent costs under Part II
Terms and Conditions of NIH Grant Awards, Cost Considerations,
Selected Items of Cost, Invention, Patent, or Licensing Costs that is
included in the revised NIH Grants Policy Statement (NIHGPS, rev.
12/03) located at
http://grants.nih.gov/grants/policy/nihgps_2003/NIHGPS_Part6.htm#inv.
The previous language in the NIHGPS is:
Unallowable either as direct or F&A costs because creation of
intellectual property is not a requirement of NIH grant awards. Such
costs include licensing or option fees, attorney's fees for preparing
or submitting patent applications, and fees paid to the U.S. Patent and
Trademark Office for patent application, patent maintenance, or
recordation of patent-related information.
The revised text now states:
Unallowable as a direct cost unless specifically authorized on the
grant award. May be allowable as F&A costs, provided they are
authorized under applicable cost principles and are included in the
negotiation of F&A cost rates. Such costs include licensing or option
fees, attorney's fees for preparing or submitting patent applications,
and fees paid to the U.S. Patent and Trademark Office for patent
application, patent maintenance, or recordation of patent-related
information.
This change is required for consistency with the provisions of several
cost circulars.
SUMMARY
Please note these corrections and clarifications in your copy of the
NIHGPS (rev. 12/03). Both the HTML and PDF versions of the NIHGPS have
been revised. The revised page, may be downloaded in Adobe Acrobat
format from the OER Grants Policy and Guidance site, located at
http://grants.nih.gov/grants/policy/nihgps_2003/index.htm
Questions about this Notice should be referred to the Grants Management
Specialist identified on the Notice of Grant Award.