Background - Practices (Details)

Cooperative Agreements, OTAs, Grants


The government encourages technology transfers between the private and federal sectors. This is done mainly through Cooperative Research and Development Agreements (CRADA), and NASA's and the Department of Defense's (DOD) "other transactions," which permit access by private companies to government technology, inventions, expertise, and facilities (principally federal laboratories). The rights, obligations, and remedies under these agreements are very different from those commercial or traditional government contracts. Moreover, there is no uniform set of regulations that apply to CRADAs or other transactions. Instead, there are a wide variety of "model" agreements, which follow in varying degrees the broad statutory authority for these transactions.

Our lawyers are experienced in the unique difficulties posed by CRADAs and other transactions. These include:

  • Providing guidance on the Federal Technology Transfer Act of 1986, 15 USC. § 3710a
  • Determining the allocation of patent rights, licenses, and assignments for inventions developed under CRADAs and other transactions
  • Addressing rights in other valuable intellectual property developed under these agreements
  • Advising on foreign ownership, control, or influence issues associated with CRADAs and other transactions