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What is a Patent?
Federal technology transfer policy allows the use of the patent system and licensing to promote the use of inventions arising from federally supported research and development. Toward this end, a patent helps protect a market by giving the owner the right to exclude anyone else from making, using, or selling an invention for 20 years from the date of the patent application (current legislation is pending with would give inventors exclusive rights to an invention for 17 years after the Patent and Trademark Office grants the patent). Patents issued by the United States Patent and Trademark Office (USPTO) are valid throughout the United States. Foreign patent protection is also available.
What is a Patent License?
A license is an agreement between the owner of a patent or intellectual property and another party interested in using the owned property or protected invention. In the Federal Government, licenses are usually granted to a private sector partner for the right to practice, make and/or sell a patented invention. Licenses may be granted in specific fields-of-use. Federal Government licensing policy requires that the industry partner must develop and execute a plan for commercializing the invention. The partner must also agree that any products developed through use of the invention will be manufactured substantially in the United States. Patents owned by the Department of the Interior are offered for licensing through the Office of the Solicitor or the bureau holding the patent.
What is a Cooperative Research and Development Agreement (CRADA)?
Cooperative Research and Development Agreements (CRADAs) are a key feature of the Federal Technology Transfer Act of 1986. The Act permits CRADAs to be developed by Federal laboratories to encourage non-Federal parties and the Government to work together and stretch their research budgets. By entering into a CRADA, the Federal Government can optimize its resources and cost-effectively perform research by sharing the costs of this research with the CRADA partner. The collaborating partner agrees to provide resources that may consist of funds, personnel, services, facilities, equipment or other resources needed to conduct a specific research or development effort while the Federal laboratory agrees to provide similar resources but no direct funding to the partner.
The CRADA vehicle provides incentives that help speed the commercialization of Federally-developed technology. The Government protects any proprietary information brought to the CRADA effort by the partner. Federal scientists can work closely with their non-Federal counterparts exchanging ideas and information while protecting company secrets. Also, all parties may mutually agree to keep research results emerging from the CRADA confidential and out of public domain for up to 5 years. CRADAs also enable the Government and the collaborating partner to share patents and patent licenses.
Contact Research@fws.gov for more information about CRADAs."
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