Title: Technology Transfer and CRADAs Office of Research and Development Department of Veterans Affairs
1Technology Transfer and CRADAs Office of
Research and DevelopmentDepartment of Veterans
Affairs
- Jeff Moore
- Technology Transfer Program, ORD
- Local Accountability Training
- Chicago
2What is Technology Transfer?
- The process of converting scientific findings
from research laboratories into useful products
by the commercial sector. - Can involve
- Federal Labs
- Industry
- University
- Federal, state, and local governments
- - Industry is encouraged to develop that
technology via new products, processes, or
materials.
3Who has a duty to disclose an Invention?
- - VA salaried employee
- - Without Compensation (WOC) employee who has
signed a WOC IP (intellectual property) agreement - - IPA (Intergovernmental Personnel Act) Employee
4Disclosure Process
- - Go to the VA TTP website (Reporting of
Invention button) www.research.va.gov/programs/
tech_transfer/ - - Inventor fills out the Certification and
Invention Disclosure form. - - Attain proper signatures i.e., immediate
supervisor and ACOS. - - Prepare a memo to the Director of TTP through
the Director of the medical center.
5What does TTP do with the disclosure?
- - Review disclosure for scientific/patentability
and for contribution VA made to invention. - - TTP provides a recommendation to OGC
- - retain rights.
- - VA leaves right, title interest to the
invention with the inventor. - - VA leaves entire right, title, interest to
- the invention with the inventor subject
to - the VA retaining a non-exclusive, govt.
- use license.
- - OGC issues determination of rights (DOR).
6What if TTP asserts ownership?
- - Invention is managed pursuant to the
Cooperative Technology Administration Agreement
(CTAA). - or
- - If VA owns solely VA Technology Transfer
Program patents, markets, and looks for potential
licensees.
7Licenses
- - Central office (TTP) negotiates Licenses CRADAs
and Licenses should not be confused - - A license is a contract between licensor (e.g.,
VA holder of the patent) and a licensee (e.g., an
industry partner) which gives the licensee
certain rights - - Per Federal statue (37 CFR 404) terms below
must be in a Federal license - development or marketing plan
- company agrees to commercialize in a set time
period - reports on efforts
8VA TTP Royalty Breakdown
VA Sole owned - First 2,000 to inventor(s) - 40
goes to inventor(s) - Rest of money (other 60) -
85 goes back to VAMC - 50 to lab where
invented - 25 to ACOS budget - 10 to
Director budget - 15 goes to TTP for
admin costs
- University Lead
- - University pays inventor
- - Deducts admin fee (15)
- Spilt remaining money per
- employment of inventors
-
VA Split
9Introduction to CRADAs
- What is a Cooperative Research and Development
Agreement (CRADA)? - 15 USC 3710a - A legal agreement between a
federal agency and one or more non-federal
parties. - Purpose is to foster federal/private
collaborations to bring new technology to the
marketplace. - Government owns the invention rights of
government employees made during work hours,
using government resources or that bear a direct
relation to the official duties of the inventor
(Executive Order 10096).
10Introduction to CRADAs (cont)
- Government may provide personnel, services,
facilities, equipment, intellectual property, and
other resources, but not funds. - Non-federal party may provide funds, personnel,
services, facilities, equipment, intellectual
property, or other resources. - Allows government to negotiate licensing
agreements and may agree to grant in advance - - Exclusive patent licenses or
- - Non-exclusive patent licenses or
- - Assignments or
- - Options to CRADA subject inventions
11Introduction to CRADAs (cont) Protections to
Collaborators
- Protect background inventions, trade secrets and
confidential information. - Establish intellectual property ownership and
licensing options in advance of an invention. - Ensure enforceable terms.
- Government-wide, readily understood and accepted
mechanism for establishing collaborative
relationships .
12Introduction to CRADAs (cont)VA requirements
- Agency must review for conflicts of interest.
- For CRADAs with foreign companies, agency must
consult with US Trade Representative. - Must be reviewed and signed by the federal
laboratory director VA Medical Center Director. - Consists of CRADA, Statement of Work (SOW),
Budget, and Appendix C.
13The New VA CRADA models
- VA listened to the VA research field and
sponsors. - shorter (15 pages or less)
- easier to read
- streamlined definitions and language
- better organized
- reflects more flexible interpretation of the law
by OGC
14New VA CRADA Models (cont)
- Clinical Trial Phase I II CRADA
- Clinical Trial Phase III IV CRADA
- Clinical Trial Investigational Device CRADA
- Material Transfer CRADA
- Basic CRADA
- In development
- Principal Investigator Initiated Clinical Study
CRADA
15Where to find the new CRADA models
- VA intranet website
- http//vaww.research.va.gov/programs/tech_transfer
/model_agreements/default.cfm - Or go to the TTP CRADA model page and replace the
first w with va.
16When to use the CT CRADA for Phase I II and
Phase III IV clinical trials?
- When the collaborator
- 1. Owns the investigational new drug (IND)
- 2. Designs the protocol and
- 3. Funds the project.
17When to use the Investigational Device CT CRADA.
- When to use the Investigational Device CT CRADA
CRADA - When the research involves a collaborative
research, development, engineering, testing or
evaluation studies involving devices. - Maybe PI initiated or not.
18 Basic Research CRADA
- When to use the Basic Research CRADA
- Used only for collaborative research,
development, engineering, testing or evaluation
studies. - VA investigator designs or contributes
substantively to the design of the statement of
work. - Study does not involve human subjects VA.
19 MT CRADA
- When to use the MT CRADA
- VA is the recipient of a material and the company
would like the right to license any improvement
or intellectual property (IP) that stems from the
research. - If IP is not an issue please use the basic MTA.
20VA CRADACommon Provisions Throughout
- Article 2 Definitions
- Background Invention
- CRADA Subject Invention
- CRADA Data
- Clinical Investigator PI
- Statement of Work (maybe protocol)
21VA CRADA (cont)
- Article 5. Inventions and Intellectual Property
- 5.2 Ownership of CRADA Subject Inventions VA
Retains Ownership. - 5.3 Reporting VA and Collaborator invention
disclosure obligations. - Article 6. Licensing continued
- 6.1 License Options. VA grants to Collaborator
an option to elect a nonexclusive, partially
exclusive or exclusive license on any CRADA
Subject Invention made solely by VA Employee(s)
or made jointly by VA and Collaborator employees.
- In the CT III IV CRADA a nonexclusive
license is granted up front
22VA CRADA (cont)
- Article 7. Ownership and Rights of Access to
Data and Publication. - 7.1 Case Report Forms and Records
- For CT CRADAs.
- 7.2 CRADA Data and CRADA Materials.
- 7.3 Presentations and Publications.
23VA CRADA (cont)
- Article 8. Confidentiality
- 8.1 Confidential Information.
- 8.2 Disclosure of Confidential Information.
- 8.3 Duration of Confidential Information.
24VA CRADA (cont)
- Article 12. Liability
- 12.1 Collaborators Indemnification and Liability
- 12.2 VAs Indemnity and Liability
25VA CRADA Options
- Single-study CRADA
- Negotiated for a single study at a single site
signed locally. - Over time, single-study CRADAs may become de
facto templates. - Master/template CRADA
- - negotiations are in process with major
pharmaceuticals companies. - - Could apply to all Phase I II or III IV
clinical trials with a specific sponsor. - - Only variables are the Statement of Work (may
be the protocol) and budget.
26Process for negotiating CRADAs
- Follow the SOPs that are on the TTP website for
the specific CRADA. - Who is involved
- Principal Investigator (PI)
- VA Medical Center (VAMC) RD Office
- VA Nonprofit Research Corporation (NPC)
- VA Regional Counsel (RC)
- TTP if it is a Basic CRADA
27The Role of the NPC in CRADAs
- PI and NPC jointly negotiate CRADA.
- PI and NPC jointly negotiate budget.
- NPC coordinates VA approvals (RD Committee, IRB,
RC, MCD, etc.). - NPC administers the study and funds.
- NPC manages receipts and expenditures.
- Contact NPC personnel for assistance in
identifying PIs and assessing potential VAMC
subject pool.
28VA CRADA
- Closing the Deal
- Agency review within 15 to 30 days if needed.
- PI signs acknowledgement.
- Parties sign CRADA.
- - Collaborator
- - NPC
- - Medical Center Director (last to sign)
- Disseminate originals to all parties and provide
a copy to PI. - Send a copy to TTP to enter into the CRADA
Registry
29Contact Information and Resources
- Questions about Technology Transfer or CRADAs
- TTP Website
- http//www.research.va.gov/programs/tech_transfer/
default.cfm - CRADA Registry
- http//www.research.va.gov/programs/tech_transfer/
crada/registry.cfm - VA Technology Transfer Program
- Amy.Centanni_at_va.gov (202) 254-0224
- Jeffrey.Moore_at_va.gov (202) 701-7628
- Saleem.Sheredos_at_va.gov (410) 302-0989
- Kris.Burton_at_va.gov (202) 254-0256
- Ken.Levin_at_va.gov (202) 254-0256
- VA OGC Group III
- Renee.Szybala_at_va.gov (202) 273-6334
- Jane.Gutcher_at_va.gov (202) 273-6348