Federal Register - Vol. 72, No. 68 / Tuesday, April 10, 2007 - Notices

Sep 4, 2026

Uploaded by Stanford

Federal Register notice explains patent title and licensing requirements for ATP awards, including restrictions on nonprofit organizations retaining title, documentation needs for qualifying for-profit status, and limits on transferring invention rights prior to the first related patent’s expiration. It also covers government license terms, march-in rights under 15 CFR 295.8, and states that march-in rights have not been exercised since 1990. The notice further outlines preparation resources for human and animal subject projects and relevant administrative, pre-award, and paperwork reduction requirements.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages2

Reading Time5 min

AccessFree to download

Notices

Projects Involving Human Subjects

Projects Involving Animal Subjects

Administrative and National Policy Requirements

Paperwork Reduction Act

Executive Order 12866

Executive Order 12372

Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices 17841 incorporated or organized in the United States. A university, government laboratory, independent research organization, or other nonprofit organization cannot retain title to patents, although such organizations can receive mutually agreeable payments (either one-time or continuing) from the company or companies holding title to the patent. However, a for-profit corporation organized by a university can be considered a for-profit company for the purpose of retaining title to patents arising from an ATP award. In such a case, documentation of the for-profit status must be provided in the proposal. If your organization is not a for-profit company but plans to be involved in an ATP project, you will not be able to retain title to any patentable inventions arising from the ATP project. Please make sure your legal department is aware that ATP cannot waive this mandated provision (15 U.S.C. 278n(d)(11)(A) and 15 CFR 295.2 and 295.8) . Title to any such invention shall not be transferred or passed, except toa for-profit company organized in the United States, until the expiration of the first patent obtained in connection with such invention. The United States reserves anonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States any patentable invention arising from an ATP award. The federal government shall not, however, in the exercise of such license, publicly disclose proprietary information related to the license. The federal government also has march-in rights in accordance with 15 CFR 295.8. Since its inception in 1990, ATP has not exercised its march-in rights nor has it used its nontransferable, irrevocable, paid-up license. Projects Involving Human Subjects: Preparation Kit as Exhibit 2 ([http://](http://)[ ](http://)[www.atp.nist.gov/atp/helpful.htm](www.atp.nist.gov/atp/helpful.htm)) to assist you in determining whether your proposal has human subjects involvement, which would require additional documents with your proposal. Detailed information regarding the use of human subjects in research projects and required documentation is available in the ATP Guidelines and Documentation Requirements for Research Involving Human & Animal Subjects located at [http://www.atp.nist.gov/atp/helpful.htm](http://www.atp.nist.gov/atp/helpful.htm)[ ](http://www.atp.nist.gov/atp/helpful.htm)[or by calling 1](or by calling 1)–[800](800)–[287](287)–[3863](3863). Projects Involving Animal Subjects: Research involving animal subjects must be in compliance with applicable federal regulations and NIST policies for the protection of animal subjects. Vertebrate animal research involves live animals that are being cared for, euthanized, or used by the project participants to accomplish research goals or for teaching or testing. The regulations do not apply to animal tissues purchased from commercial processors or tissue banks or to uses of preexisting images of animals (e.g. , a wildlife documentary or pictures of animals in newscasts) . The regulations do apply to any animals that are housed and cared for by a project participant and used for custom collection of biological samples or observation data of health and behavior. Detailed information regarding the use of animal subjects in research projects and required documentation is available in the ATP Guidelines and Documentation Requirements for Research Involving Human & Animal Subjects located at [http://www.atp.nist.gov/atp/helpful.htm](http://www.atp.nist.gov/atp/helpful.htm)[ ](http://www.atp.nist.gov/atp/helpful.htm)[or by calling 1](or by calling 1)–[800](800)–[287](287)–[3863](3863). Administrative and National Policy Requirements: The Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements: The Research human Department of Commerce Pre Award | involving subjects
must be in compliance

FAQs

Can a nonprofit organization retain patent title for an ATP award?

No. A university, government laboratory, independent research organization, or other nonprofit organization cannot retain title to patents under the ATP award terms.

What documentation is required if a university-organized for-profit entity is involved?

If a for-profit corporation is organized by a university, documentation of the for-profit status must be provided in the proposal.

What is required when research involves human or animal subjects under ATP?

Human-subject research must comply with applicable Federal regulations and NIST policies, and additional documentation may be required using the human subjects determination preparation kit. Animal-subject research must comply with applicable federal regulations and NIST policies for protection of animal subjects.

Sep 4, 2026

Uploaded by Stanford