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HEADLINESNIH AnnouncementsC&G AnnouncementsUCSF Courses UCSF Gains Full AAHRPP Accreditation Advance Fund Request Form and Procedures OSR Announces the Elimination of Negative Federal Disclosures NATIONAL NEWSFeds Seeking Advice on Plans for Multiple PI Policy Rights to Subject Inventions Made through Federal Funding to Foreign Entities Changes in Submission and Review of NIH SBIR and STTR Fast-Track Grant Applications Submit NIH Closeout Reports Online DHHS Issues Final Rule on Research Misconduct NSF Revises Grant Policy Manual NIH Announces Final Ethics Rules
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NATIONAL NEWS
Rights to Subject Inventions Made through Federal Funding to Foreign Entities
The NIH has decided to maintain its general policy by continuing to allow foreign entities to retain rights in intellectual property developed under NIH funding agreements (grants, cooperative agreements, contracts, subgrants, and subcontracts), consistent with current NIH policies and any other terms and conditions of the specific funding agreement awarded.
For subject inventions developed with federal funding, foreign grantees and contractors are reminded to meet their obligations under the funding agreements including the following:
(1) In order for grantees and contractors to elect and retain title to any such subject inventions, grantees and contractors must timely comply with the invention reporting requirements set forth in 37 CFR 401.14.
(2) Grantees and contractors are expected to take effective steps to achieve practical application of any such subject inventions in a timely manner;
(3) The U.S. Government retains a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States the subject invention throughout the world.
(4) If a grantee or contractor grants to any person the exclusive right to use or sell any subject invention in the United States, any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States, absent a specific waiver of this requirement granted by the U.S. federal funding agency.
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