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Materials Transfer

For additional information, see the Council on Governmental Relations brochure "Materials Transfer in Academia".  The transfer of biological materials between academic institutions can be considerably expedited if the other institution, like Temple, is a signatory to the Uniform Biological Materials Transfer Agreement (UBMTA).  In that case, all you need is a standard "UBMTA Implementing Letter", which can be signed by the recipient's institution without legal review (since the agreement is already in place).  To view the list of the UBMTA signatories click here.

    1.    Transfer of Materials from Another Institution    

The transfer of materials from another institution to you at Temple is governed by the other institution's Materials Transfer Agreement (MTA), which requires your signature as well as Temple's official approval.  It is important that such MTAs be thoroughly reviewed because they often contain clauses that give the other institution complete ownership of all research results you obtain through use of the material.  Since such clauses often deviate substantially from the norm for U.S. academic institutions, they are often negotiable.  Temple's review and approval of other institutions' MTAs is handled at HSC by Kenneth Geller [(215) 707-7547 or kenneth.geller@temple.edu] and on the Main Campus by Eleanor Cicinsky [(215) 204-8691 or ecicinsk@temple.edu].  When applicable, you should request that the transfer be made under the UBMTA (see above). 

    2.    Transfer of Materials to Another Institution [Scroll down to select form]

Any research material you develop at Temple is owned by Temple and, if you believe that it may have commercial potential, you should report it promptly to OTT through an Invention Disclosure.  According to the Invention and Patent Policy, you will receive 50% of any income derived by Temple from the commercialization of research materials you develop at Temple.  Research materials often have significant potential commercial value even if they are not patentable.  In order to protect this value, you should not transfer (even to colleagues at other academic institutions) any research material you have developed, without the protection of an MTA signed by the recipient and by the appropriate official of the recipient's institution.  Without a signed MTA, the recipient is free to do with your material as he or she pleases.  MTAs permit non-clinical and non-commercial research use only, and specify further that the material remains the property of Temple.  Use of materials for any other purpose requires a License Agreement, which is prepared by OTT.

Implementation of Temple's standard MTAs listed below does not require OTT or other official Temple involvement.  Note that the standard Temple MTAs are revised from time to time so as to reflect the evolving consensus among U.S. academic research institutions on the important issue of research materials transfer.  Please consult OTT before transferring for the first time (even to an academic colleague) any research material that may have significant commercial potential. 

If the transfer is part of an on-going or contemplated research collaboration that is likely to lead to an invention, a Collaborative Research Agreement (CRA) should be used instead of an MTA. This is because, unlike an MTA, a CRA clearly defines the manner in which the two institutions will share in the ownership of an invention, in the patent prosecution strategy and its cost, and in the licensing strategy and its revenue.  Please consult OTT if you feel that a CRA may be appropriate.                                        

        (a) Transfer to Non-Profit Institutions

  • MTA1  (Last revised 1/5/00) - This form may be used to transfer any Temple materials. [get form]

  • MTA2 (Last revised 1/5/00) - This form should be used to transfer Temple biological materials if the recipient's institution is a UBMTA signatory (see above). [get form]

        (b) Transfer to For-Profit Organizations

  • MTA3 (Last revised 1/5/00) - This form should be used to transfer any Temple materials to recipients at companies and other for-profit organizations (including research centers that appear to be non-profit but are not).  It provides a higher level of protection for the material than do the other two MTAs, in order to take into account the commercial nature of the recipient organization.  Please consult OTT before each transfer, and send OTT a copy of each signed agreement. [get form]

 

Revised 03/26/08