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It is a written agreementbetween one or more Federal laboratories and one or more non-Federal partiesunder which the Government, through its laboratories, provides personnel,facilities, equipment or other resources with or without reimbursement (butnot funds to non-Federal parties). The non-Federal parties providepersonnel, funds, services, facilities, equipment or other resources to conductspecific research or development efforts that are consistent with theagency's mission. CRADAs are authorized by the Technology Transfer Act of1986 (15 USC 3710a) as amended.
15 USC 3710a
Can be with or without reimbursement. Paid only in advance, by the non-Federal partner(s) to theFederal Lab(s). Will be negotiated in advance of signed agreement.
CRADAs allow NPS researchers to exchange technical expertise with non-Federal partners, and to accept reimbursement for research conducted under the CRADA. CRADAs also protect a researcher's rights and those of NPS to inventions the researcher may make. CRADAs are appropriate when ideas, staff, materials, equipment is to be exchanged over a period of time for the purpose of collaboration and/or an invention may result.Money can be provided to NPS under a CRADA.
Who may participate in CRADAs?
CRADAs must involve atleast one non-federal party. In addition to NPS researchers, the otherparticipants in a CRADA may be one or more of the following:
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A Patent License Agreement(PLA) is a legal agreement that grants a license to use or practice an invention. The primary purpose for licensing patented inventions is to maximize the benefits of Federally-funded research by encouraging private development and application of patented technologies. PLAs provide a means for organizations to leverage patented technologies. Naval Postgraduate School (NPS)has over 200 pieces of intellectual property (IP) available for licensing. NPS offers PLAs for its IP through commercial licenses and evaluation licenses.
15 USC 3710a(b)(1) ~ 35USC 207-209 ~ 37 CFR Chapter IV Part 404
Fees and royalties to be paid by the non-Federal partner(s) to the Federal Lab(s) will be negotiated in advance of a signed commercial license. Evaluation licenses are non-negotiable.
NPS may grant a license toan invention, for which a patent application was filed before the signing ofthe agreement, for reasonable compensation when appropriate. Inventions thatmay have commercial potential should be made available to the private sectorunder a PLA.
Applicants with satisfactory plans for development or marketing of the Government owned invention may participate. PLAs are restricted to US entities or a licensee who agrees to manufacture substantially in the US unless unsuccessful efforts have been made or domestic manufacture is not commercially feasible.
Resources:
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The Naval PostgraduateSchool (NPS), Office of Research and Innovation (OR&I) offers expertise in understanding and constructing Technical Service Agreements (TSA). Let us help you with your TSA.
Under Technical ServiceAgreements (TSAs), DOD laboratories may make available to any person or entity(including universities), on a reimbursable basis, laboratory services for the testing of materials, equipment, models or computer software and other items. They are authorized by 10 U.S.C. 2539b (a) (3). The law authorizes the directors or commanders of government laboratories, centers or other facilities to make available to any person or entity, at a prescribed fee, the services of the government facility for the testing of materials, equipment, models, computer software and other items.
10 USC 2539b
On a reimbursable basis, paid to DOD laboratories by any person or entity(including universities) utilizing laboratory services.
A TSA should be used if the service is to be provided by the laboratory with no
technical collaboration by the partner, and provides an avenue for industry to access the unique equipment and facilities in federal labs. A TSA is not appropriate for research studies or investigations. Neither does it authorize the sale of products – just services. The entity requesting the laboratory’s services must establish in writing that provision of the services will not constitute undue competition with the private sector and that the service requested does not involve expansion of laboratory capabilities or facilities, even if the requesting entity offers to finance the expansion.
The legislation defines “person or entity” to be an individual, partnership, corporation, association, state, local or tribunal government, or an agency or instrumentality of the United States. Thus, the only limitation on participants is that they may not be agencies of foreign governments.
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