Re: IP under SBIR/STTR Jeff Myers 02 Aug 2002 11:19 EST

Same for us.  We have not had to give up our Bayh-Dole rights under SBIR
subcontracts.  The sample subagreement that the federal agencies provide to
for-profit grantees is a good place to start.  It's provided as a guide to
small business (and it's a little bit biased towards businessies imho so we
modify it somewhat).  More often, we use independently developed subagreements.

Jeff Myers
Southern Illinois University

At 10:51 AM 8/1/02 -0500, Mckeough, Pamela M wrote:

>We have several subcontracts under SBIR grants and all of them contain the
>normal federal IP policies (i.e., Bayh-Dole Act).
>
>
>
>Pam McKeough
>
>Indiana University
>
>
>
>
>
>-----Original Message-----
>From: Debbie Smith [mailto:xxxxxx@UTMEM.EDU]
>Sent: Thursday, August 01, 2002 10:32 AM
>To: xxxxxx@HRINET.ORG
>Subject: Re: [RESADM-L] IP under SBIR/STTR
>
>
>
>I'm seeking advice from someone who has experience with subs under
>
>SBIRs/STTRs, please.
>
>
>
>We have some subs who are claiming that the fed regs say THEY should own ALL
>
>IP arising from those grants, rather than the usual rules that IP rights
>
>flow down to the sub.  Our interpretation of the regs is that we have the
>
>same flow-down rights we would under any other NIH grant:  They own what
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>they do; we own what we do.
>
>
>
>Any ideas or specific info that might help us?
>
>
>
>Thanks!
>
>
>
>Debbie Smith
>
>
>
>Deborah (Debbie) L. Smith, Ed.D.
>
>Director, Research Administration
>
>UT Health Science Center
>
>8 So. Dunlap, Suite C-109
>
>Memphis, TN  38163
>
>(901) 448-4823
>
>(901) 448-7600 fax
>
>xxxxxx@utmem.edu
>
>
>
>
>
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