 Technology Transfer [Home] [Up] [Handbook Contents] Inventions made by Federal employees (and other personnel appointments) must be reported (45 CFR Part 7.1) by using the PHS Employee Invention Report Form PHS 6364 (1/93). Inventions can be a new and useful process, machinery, manufacture, or composition of matter, or any new and useful improvement thereof. NIH has historically sought patents for such things as vaccines, viruses, transgenic animals, cell lines, devices, antibodies, vectors, compounds, proteins, peptides, probes, chemical inhibitors, receptors, therapeutic reagents, immunotoxins, transmitters, diagnostic kits, hybridomas, instrumentation and methods. If the Government chooses not to file a patent on the invention, the rights can either be dedicated to the public or assigned to the Federal employee. Patents may be issued as a result of the employee filing an invention report. Dates are critical in patent law, because public disclosures, i.e., posters, abstracts, talks, or published manuscripts, made prior to filing a patent application with the Patent and Trademark Office may eliminate some of the Government's ability to obtain a patent on an invention. Thus, it is important to file and submit the Employee Invention Report (EIR) as soon as practicable. There is no reason to wait until preparation of a scientific paper or an oral/poster presentation is scheduled before an EIR is filed. Royalty income is paid to Federal employees through the successful licensing of patents and unpatented biologic materials to private industry. NIH employees can earn up to $150,000 per year in royalty income. MTAs are required whenever an NIH employees sends out or receives proprietary materials, i.e., biologicals. This agreement protects the employee and the Government against improper use of materials and protects materials as confidential. The agreement must be signed by authorized ICD personnel. CRADAs can be executed between NIH laboratories/ branches and private industry, academia, or other Government agencies to establish a cooperative research project that facilitates the transfer of technology among the parties. Valuable resources can be received by the NIH laboratories and branches. CRADAs allow the exchange of resources including materials, personnel, and equipment among the parties. Additionally, funds can be transferred to the NIH laboratory/branch to assist in carrying out the project. To learn more about your rights and responsibilities regarding technology transfer, consult your ICD Technology Development Coordinator whose name and phone number are located in the Yellow Pages Section of the NIH Telephone and Service Directory. Also, a Computer-Based Technology Transfer Training Program is available through your coordinator or accessible through the NIH Network (NIHnet), Public Network (PUBnet), and Appleshare.
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