> Research, Creativity, & Technology Transfer > Technology Transfer
Patents Corner
Biological Materials Transfer Agreements
|
by Becky Mahurin
In this era of biotechnology we are all becoming more aware of the value of biological organisms and genetic materials. Who "owns" the organisms that a university researcher isolates? And if this researcher shares these organisms with others, who controls the results of research using that organism or material?
The tangible materials, such as new strains of microorganisms, that result from research belong to the university in the same way that patentable material is considered university property. The transfer of such tangible material is handled differently, however, than a patent. In order to encourage researchers to share biological materials and, simultaneously, to protect the rights of the researcher and institution that originally isolated and identified the organism or genetic material, a new type of agreement is coming into use. This agreement is called a Biological Materials Transfer Agreement (BMTA).
Results of federally funded research is generally made readily available to the research community. But different challenges exist when these results are genetic or biological materials. A BMTA is intended to solve those problems. This simple and straightforward agreement identifies that the owner of the material is willing to share with a recipient as long as a recipient agrees to some stipulations. Among those stipulations are that the recipient will not transfer the materials in question without the consent of the owner; that no results of the research with the material will be commercialized without the permission and knowledge of the owner; and that, if appropriate, a license will be negotiated with the owner for the technology to be commercialized.
Additional issues that are normally addressed in a BMTA include the assurance by the recipient that guidelines relating to recombinant DNA and use in animals and human subjects are adhered to. One may also require that the owner is appropriately acknowledged in any publications regarding the use of this material.
A BMTA is an important instrument for researchers in the biological sciences. MSU has a BMTA that we use to protect the interests of the researcher and the university when transferring such materials.
If you need a copy of the agreement or if you have questions regarding the process, please contact me at 994-7868.
Becky Mahurin
Director of the Technology Transfer Office at MSU
© 2000 Montana State University-Bozeman
Discovery November/December 1995
|
