NIST COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT PROGRAM
Sections
5.08.05 Conditions for Using CRADAs
5.08.06 Approvals and Responsibilities
5.08.01
PURPOSE
This subchapter states the policies and procedures to be followed in
the NIST Cooperative Research and Development Agreement Program (CRADA).
5.08.02
SCOPE
This subchapter applies to all NIST employees.
5.08.03
POLICY
a. NIST strongly encourages collaborative R&D efforts with organizations
on relevant and important mission activities. As part of the Cooperative
Research and Development Program, NIST may work with for-profit organizations,
nonprofit organizations (including universities), public and private foundations,
state and local governments, and individuals on joint R&D projects
of mutual interest. A CRADA must have at least one non-federal partner.
b. NIST considers assistance to industry and cooperative research and
development activity as part of the employee's official duties. NIST employees
are not permitted to consult on their own behalf, for personal or financial
gain, in areas related to the scope of their official duties and technical
activities at NIST.
c. CRADA partners may provide funds, personnel, equipment, services,
and property to a CRADA. NIST may contribute employees, equipment, services,
and funds (no funds to a non-federal partner) to a CRADA.
d. NIST believes that U.S. industry needs open access to NIST technical information. As as result, NIST emphasizes publication of its research results. Yet, NIST also recognizes that its CRADA partners may desire to gain competitive advantage from NIST research investments. Prospective partners should explicitly discuss their needs for delaying publication and protecting research results with NIST.
e. NIST desires that economic benefit of its research efforts flow to
the U.S. economy. Accordingly, products from CRADA inventions for sale
or use in the U.S. must be manufactured substantially in the U.S.
f. For CRADA and intramural inventions, NIST will grant patent licenses
in return for royalties and other considerations. NIST's objective is to
structure the licenses to encourage commercial use of the technologies,
and thus, NIST will negotiate royalty rates and other terms that are reasonable
under the circumstances. CRADA licenses will be royalty bearing, including
Advanced Technology Program CRADAs where possible.
g. Non-NIST employees, such as Guest Researchers, shall not participate
in NIST CRADAs unless `by exception' as authorized in writing by the OU
Director, CRADA partners, and the NIST Deputy Chief Counsel. If so authorized,
the non-NIST employee must have a written agreement with NIST that details
their CRADA obligations.
5.08.04
LEGAL AUTHORITY
15 U.S.C. 3710a, as amended
5.08.05
CONDITIONS FOR USING CRADAs
A CRADA must be compatible with the NIST mission; present no conflict
of interest for NIST or its research project staff; and be acceptable to
NIST approval authorities.
5.08.06
APPROVALS AND RESPONSIBILITIES
The OU Director, the NIST Deputy Chief Counsel, and the Chief of the
Industrial Partnerships Program are signatories to the CRADA.
a. The NIST Principal Investigator and division submits an approval
memorandum with the research plan to their management chain for approval.
b. The OU Director/Division Chief reviews the proposed activity
and, if approved, forwards the approval memorandum to the Chief of the
Industrial Partnerships Program for implementation.
c. The Industrial Partnerships Program manages the CRADA Program
and prepares and transmits execution copies of the standard NIST CRADA
to the firm; negotiates and obtains approval of modifications; and maintains
the data base and permanent records of agreements.
d. The NIST Deputy Chief Counsel provides legal advice and review
of NIST CRADAs including changes to the model CRADA.