NIH Procedures for Handling
Inventor Requests for Retention of Title
in an Extramural Invention
This Manual Chapter establishes procedures for proper review and disposition of requests by contractors to allow employee inventors to retain title to extramural inventions.
The Office of Technology Transfer (OTT) has been delegated the authority permit a contractor (as defined by 37 C.F.R. 401.2(b) to include any party to a funding agreement, including a grantee) to grant requests by an inventor for retention of title to a subject extramural invention when the Government has insufficient interest in the invention to obtain the right, title, and interest therein (35 U.S.C. §202(d)). The following procedures are to be followed in processing and responding to such requests for title.
It is the policy of the National Institutes of Health (NIH) to allow a contractor employee inventor to retain title to extramural inventions at the request of the contractor where the OTT determines either that 1) the invention has insufficient commercial or public health value to be of interest to the Government; or 2) the invention will be appropriately commercialized without Government intervention and is not sufficiently related to any NIH intramural research to warrant Government intervention.
E. EFFECTIVE DATE
The policy and procedures set forth in this Manual Chapter are effective immediately. All previous procedures are superseded.
F. ADDITIONAL INFORMATION
For additional information, contact the Office of Technology Transfer, (301) 496-7057.