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INTERMEDIARIES' ROLE IN TECHNOLOGY TRANSFER AND
COMMERCIALIZATION OF FEDERAL INTELLECTUAL PROPERTY
A variety of
“intermediary” organizations play important roles in getting new
technologies out of the lab and into the marketplace. Some of these
organizations are private companies; some are government-sponsored
companies; and some are different arms of government, such as an
agency of a state or city. These organizations serve as “middlemen”
between the generators of intellectual property and the companies in
the private sector that create products and services. They identify
potential users, and they translate information about the new
technologies to the potential users. In addition, they work with
both the developers and the users so the knowledge is
transferred in a usable way. Moreover, they become expert in a
variety of mechanisms so the appropriate agreement tools are
tailored for the specific circumstances.
One general
type of intermediary is the “marketing intermediary.” The marketing
intermediary is an agent of the seller or buyer, or both. These
organizations obtain nonexclusive marketing rights from one or more
federal labs to market their intellectual property. They may even
obtain contracts with the labs for the marketing efforts. Examples
of “marketing intermediaries” that represent the labs include:
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Navy Techmatch,
www.navytechmatch.com
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EPA Techmatch,
www.epatechmatch.com
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Firstlink for
first responder technologies,
www.dodfirstlink.com
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Techlink,
www.techlinkcenter.org
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National
Technology Transfer Center,
www.nttc.edu
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The Technology
Commercialization Center, Inc., operator of the Mid-Atlantic
Regional Technology Transfer Center,
www.teccenter.org
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TRSG, Inc.,
www.teamtrsg.com
A commercial
example of a “marketing intermediary” that represents the user is
the MEMS Exchange, www.mems-exchange.org, which helps users find
MEMS equipment and facilities available for use.
Other intermediaries
can be called “contractual intermediaries” because they are
authorized by the labs to enter into formal agreements with
companies under defined guidelines set by the labs or agencies. In these
cases, the labs enter into a single, general agreement with the
intermediary, which in turn can enter into multiple “sub” agreements
with any number of private companies, universities or state/local
governments. In other words, a “contractual” intermediary participates
directly in the deal between government and user.
The advantages of “contractual intermediaries” to the government include:
- Resource
leveraging. The intermediaries can promote, identify,
negotiate, make agreements and manage many relationships with
very little government cost and only government oversight
involvement.
- The
intermediary can gather values from multiple organizations and
provide compensation directly to a lab in the form of “in-kind
products and services.”
- A lab can
orchestrate partnership development and task performance without
direct involvement if it so chooses.
- Use of an
intermediary under agreements such as an EUL can unlock the
values of fixed government assets to apply them to contemporary
government missions.
- Depending on
the nature of the relationship, government costs can be reduced
from rents, leases, or other consideration, including investment
in buildings and infrastructure.
Advantages of the
intermediary organizations to the organizations that commercialize
government technologies include:
- Help
identifying the technology/needs match.
- Reduction in
confusion. Deals with the intermediary are more like
conventional commercial deals, so companies do not have to learn
complex government procedures before coming to a workable
agreement.
- Swiftness.
Typically, the intermediary can come to agreements with other
organizations much faster than formation of a direct
company/government relationship.
- The
intermediary can receive and leverage private sector gifts to
support economic development projects that coincide and are
integrated with lab missions.
- Users can
reduce capital and investments required to grow their activities
by using government facilities and personnel.
- These programs
save time and money for users and allow them to accelerate their
growth.
Examples of “contractual”
intermediaries and their primary agreement tools include:
|
Agent |
Federal Organization |
Primary Tool |
Purpose |
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Arsenal Business & Technology
Partnership |
US Army Watervliet |
Master CRADA |
Technology & business excellence; use
of facilities; partnering |
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Biotechnology R&D Corp
www.biordc.com |
ARS USDA |
For profit consortium; grants; equity
deals |
Commercialization of USDA ARS tech |
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Federal Technology Center |
Defense Microelectronic Activity; and
Yuma Proving Ground |
PIA |
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Griffiss Institute |
USAF Research Lab at Rome, NY |
PIA |
Science, econ dev & partnership
development |
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Henry M. Jackson Foundation
www.hjf.org
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USUHS |
Master CRADA; A foundation,
congressionally established |
Clinical trials; tech transfer;
partnering; other support |
Insitech
www.insitech.org |
Picatinny Army Armament RD&E Center |
PIA and OTA |
Partnership Intermediary |
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In-q-tel |
CIA |
Equity funding |
Ventures for insertion/transition |
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Indian Head Municipality |
NSWC Indian Head |
PIA |
Licenses to local companies |
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Montana Manufacturing
Extension Center and
TechLink
|
OSD |
PIA |
|
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Montana State U
TechLink
www.techlinkcenter.org
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OSD |
PIA
$8.1 M to start |
Tech transfer;partnerships |
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Multiple |
OSD/DOC MilTech |
Partnership |
Accelerate manufacturing |
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National Technology Transfer Center
www.nttc.edu |
NASA, MDA, NIOSH |
Congressionally established; contracts
& grants |
Technology transfer |
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New Mexico Tech
http://infohost.nmt.edu/~ttsg
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Air Force |
PIA |
Technology transfer |
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NIH Foundation
http://ppp.od.nih.gov/
pppinfo/foundation.asp
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NIH |
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Gift acceptance; partnering |
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NY State Technology Enterprise
Corporation |
Air Force; Rome Research Site |
PIA |
|
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On Point |
Army |
Equity funding |
Ventures for insertion/transition |
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Picatinny Innovation Center |
Army Picatinny |
Master CRADA |
Use of facilities; econ dev; partnering |
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SAIC |
NCI Frederick |
GOCO contract |
Tech transfer; facilities use |
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San Diego State Research
Foundation
CCAT
http://www.ccatsandiego
.org/index.shtml
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ONR |
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Technology Commercialization Center
www.teccenter.org
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NASA |
Contract |
Technology transfer |
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TEDCO |
All Maryland labs & installations |
PIA; MOU; contracts |
Maryland economic development; form
linkages; money conduit to companies to accelerate
technology insertion, showcases |
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TRSG
www.teamtrsg.com |
Aberdeen
Proving
Ground |
Contract
$2.5 M over
5 years
|
Technology transfer, licensing, and
partnering |
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University of Illinois
TRECC
www.trecc.org
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ONR |
|
Tech transfer; licensing; partnering |
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University of Missouri
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US Army |
EUL |
Tech park |
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Pittsburgh Gateway Corp
FirstLink
www.dodfirstlink.com
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OSD |
PIA |
First responder TT; partnering |
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UT/Battelle
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ORNL |
GOCO contract |
GOCO contract |
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Wright Brothers Institute
www.wrightbrothersinstitute.org
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USAF Research Lab |
PIA |
Research & econ dev |
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WVHTF DOD Techmatch
www.dodtechmatch.com
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OSD |
PIA |
Web-based TT linking |
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EPA Techmatch
www.epatechmatch.com
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EPA |
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Web-based TT linking |
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Some of the contracting
tools between the intermediary
and the government lab/agency include:
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Master Partnership Intermediary Agreement |
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A PIA is a MOU or
contract under authority of 15 U.S.C. #3715 between the
government and an intermediary organization. PIAs
facilitate technology licensing and other initiatives.
Model language for a PIA can be found
Here |
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Master
Cooperative Research and Development Agreement
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Master CRADA
agreements facilitate corporate partnering with the
government. Creative use of CRADAs has been
demonstrated by DOD to attract tenants and users of
government facilities, equipment and people. Revenues
constitute an “endowment” for expanded R&D activities.
Resulting partnerships accelerate transfer of technologies
to and from the companies. |
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Master Facilities-Use Agreement |
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Companies can use
government facilities for commercial use in return for
consideration that can be used to support the government
missions and for technology transfer. Master facility-use
agreements help industry and universities use federal assets
and help government receive “in kind” values, which can be
applied to development activities. The Army’s application
of facilities-use agreements at its ammunition plants
provides a well-developed model. |
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Enhanced-Use Lease |
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An EUL falls
under agency-by-agency legislative authority allowing a lab
or installation to enter into long-term leases of
underutilized government property for consideration. |
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Venture Funding Master Contract |
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Several
government entities are engaging the commercial sector via
venture financing to accelerate insertion of developing
technologies to support government missions. Examples are
the CIA’s In-Q-Tel, NASA’s “Red Planet Ventures,” and the
Army CECOM’s On-Point initiatives. |
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Master IPA allows facile turnover of talent |
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Master “work for others” agreements facilitate corporate use
of government equipment and expertise. They also serve to
open doors between industry and government, and can lead to
closer partnering arrangements. |
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In
addition, multiple agreement mechanisms can be combined to
cover complex needs. |
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