Intellectual Property and Data Access
TRND applicants should include a list of any patents issued or pending with respect to either the agent or to any noncommercially available technology/material required for the development of the agent. In the event that an application requires the use of noncommercially available technology/equipment that is patented by a third party, the applicant must provide documentation that the patent holder does not object to the applicant’s use with the proposed project.
Each TRND application must include the information described below signed by an authorized staff member overseeing IP and/or technology transfer at the applicant’s institution or company. This verifies that he/she has reviewed the TRND request and that the technology is eligible for consideration by the TRND program. If the technology is determined to be ineligible for use as outlined in the TRND application, and it is central to the investigator’s proposal, submission to the TRND program is not encouraged.
If available, the following information is requested:
- Details of all the following rights that are owned by your institution and will be used in the project (the “institution’s IP”):
- Patents and patent applications.
- Significant know-how.
- Registered trademarks, applications for registered trademarks and other marks.
- Registered designs, applications for registered designs and significant other designs.
- Significant copyright works and other IP rights.
- Details of all employees, consultants, and other parties involved in the development of the institution’s IP related to the TRND project submission. (Are there contributors outside the institution, and if so, what was their role in development?)
- A complete list and brief description of all agreements with third parties related to the TRND project submission:
- Granting rights to those third parties under the institution’s IP.
- Granting rights under third-party IP to the institution .
- A complete list and brief description of all confidentiality agreements with third parties related to the TRND project proposal .
- Details of any:
- Claims made by third parties against the institution related to the project proposal that the institution has infringed a third party’s IP rights.
- Circumstances where a third party has or may have infringed the institution’s IP or other IP used in the institutions’ business related to the project proposal.
Institution IP constitutes background IP. Inventorship of new IP created from TRND partnerships/collaborations will be determined according to patent law.