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Agreements and Licensing

Cooperative Research and Development Agreements (CRADA) allow for joint research and development performed by NETL and CRADA participant researchers. Background intellectual property (IP) protection is included for both parties, and CRADA developed IP is addressed. A CRADA offers participants the right of first refusal to an exclusive license for jointly developed IP. Cost sharing between NETL and the CRADA participant is essential. Small businesses are given preferential consideration for these agreements. .

NOTE: Sample agreements are subject to change and are only posted as examples.


Licenses transfer NETL- owned intellectual property (IP) from the government to the private sector. NETL looks for licensing partners with a plan for technology development and marketing, with a high probability for technology commercialization and sharing IP benefits with the public.

NOTE: Sample agreements are subject to change and are only posted as examples.


Memorandums of Understanding (MOUs) OR Memorandums of Agreement (MOAs) are written agreements between NETL and other entities that state of scope of work for a specific project or state the terms of a partnering relationship. Parties to these agreements may include other federal agencies, local, state, international, or other government entities; the private sector; and educational institutions. An MOU or MOA is not considered a binding contract. It cannot be used to obligate or commit funds or be used as the basis for the transfer of funds between or among the parties. Actual implementation of the understandings established by the MOU or MOA must be accomplished through a legally binding instrument such as an interagency agreement, contract or other appropriate agreement between the parties (as applicable).

NOTE: Sample agreements are subject to change and are only posted as examples.


 

Non-disclosure Agreements (NDAs) are sometimes referred to as confidentiality agreements and are used when NETL and/or another party wish to exchange information that is either considered potentially patentable by NETL or proprietary by the other party.  NETL is bound to maintain information received in the course of business confidential by the Trade Secrets Act (18 USC Sec. 1905).  However, NETL will enter into an NDA that reiterates this protection.  NDA's may be unilateral or bi-lateral, depending on the circumstances.  NETL only executes its own NDA's.

NOTE: Sample agreements are subject to change and are only posted as examples.


Non-Analysis Agreements (NAA) protect NETL patented technology that is shared with another party for a pre-negotiated purpose, such as testing or further research. The other party agrees not to analyze the technology to determine composition, use the technology for commercial purposes, or transfer the technology to another party.

NOTE: Sample agreements are subject to change and are only posted as examples.


Contributed Funds-in agreements, like CRADAs, are agreements between the Federal government and private sector participants to work together on a mutually beneficial project. However, in a CFA, the private sector participant provides funds to NETL for a specific scope of work to be completed. At the end of the project, NETL reports research findings back to the participant.

NOTE: Sample agreements are subject to change and are only posted as examples.