INTELLECTUAL PROPERTY REPORTING FOR NIH GRANTEES THAT ALSO HAVE INVOLVEMENT WITH THE VETERAN’s ADMINISTRATION [DEPARTMENT OF VETERAN’s AFFAIRS] Release Date: April 23, 2001 NOTICE: NOT-OD-01-033 National Institutes of Health In response to concerns raised by a number of recipients of NIH funds, we have reviewed the issue of conflicting reporting requirements when recipients of NIH funds also have involvement with the Veteran"s Administration [Department of Veteran’s Affairs] (VA). Based on our review and discussions with our legal staff, members of the recipient community and VA and Department of Commerce officials, we are issuing the following statement of clarification. This is to confirm that inventions arising out of any NIH funded research must be reported to the NIH by the recipient institution as required under NIH policy, which is based upon the Bayh-Dole Act. Details of reporting requirements can be found at http://iedison.gov. IN CASES WHERE THE RECIPIENT INSTITUTION CHOOSES NOT TO ELECT TITLE OR PURSUE PRACTICAL APPLICATION OF AN INVENTION, THE INSTITUTION MUST PROPERLY NOTIFY THE NIH IN CONFORMANCE WITH THE TERMS AND CONDITIONS OF THE FUNDING AGREEMENT. In these cases, when the VA is involved with the invention, we request that recipients note such involvement on their notice to the NIH and provide a courtesy copy of the NIH notification to the appropriate VA office. The NIH will notify the recipient institution and the VA whether or not NIH has an interest in taking title and/or continuing the pursuit of practical application of the invention. The NIH also wishes to remind recipient institutions and investigators that they must: (1) Have policies and procedures in place to ensure that any agreements entered into with third parties are consistent with the terms and conditions of their award, including the provision of intellectual property rights to the NIH, and third parties are informed of the NIH requirements [see the NIH Grants Policy Statement for guidance (http://grants.nih.gov/grants/policy/policy.htm)], (2) Revise any agreements with third parties that are inconsistent with the terms and conditions of an NIH award to remain in compliance with the NIH award [see, Developing Sponsored Research Agreements: Considerations for Recipients of NIH Research Grants and Contracts for guidance (http://grants.nih.gov/grants/guide/notice-files/not94-327.html)], (3) Seek approval from the NIH should they wish to waive or assign title to another party, and (4) Ensure that rights to inventions arising out of NIH funding agreements are properly assigned to the institution in order to fulfill their responsibilities under the funding agreement. For further information on extramural intellectual property reporting requirements and related IP policies, please email Inventions@nih.gov or call (301) 435-1986 for the Division of Extramural Inventions & Technology Resources (DEITR), OPERA in the NIH Office of Extramural Research (OER).

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