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CMI

Agreements

Material Transfer Agreements

A Material Transfer Agreement (MTA) is an agreement or contract that governs the transfer of tangible research materials between organizations and outlines the rights and responsibilities of each party.  

Request an MTA via CMI’s online intake form.

Biological materials:

  • Materials that are produced by living organisms (.i.e. cell lines, plasmids, tissues, blood, saliva, proteins, etc.) 

  • Human-derived or Animal-derived 

Live Animals:

  • Animal models

  • Cryopreserved material to establish an animal model 

Chemical entities:

  • Drug compounds, molecules, etc. 

Materials not requiring an MTA: 

  • Consumable research materials: reagents or lab materials 

  • Equipment: Lease or Procurement Agreement (Purchasing) 

  • Software: Purchasing software (Purchasing) or Research Use (Software License Agreement) 

  • Academic to Academic 

  • Academic to Industry 

  • Academic to Government Entity 

  • The rights & limitations of the provider and the recipient  

    • Use of the materials and any derivatives 

    • Intellectual property rights (Provider retains ownership of the Material) 

    • Publications/Authorship/Citation for Source Material 

    • Sharing data/results 

  • Indemnity & Confidentiality 

  • Liability (Recipient assumes liability for the use of the Material) 

  • Material return/destruction 

  • Disputes & applicable laws 

  • Requirement of the University. 

  • Requirement of most providers and vendors. 

  • Establishes and maintains a chain of custody of biological and chemical materials to and from our institution. 

Every time you receive or send material that creates a transfer between Penn State and another institution, company or government entity.

(This includes sending Penn State Health patient samples to University Park or other Penn State campuses.)

How do I request an MTA? 

Who do I contact with questions regarding MTAs? 

Confidentiality and Non-Disclosures Agreements (CDAs/NDAs)

Confidentiality and Non-Disclosures Agreements (CDAs/NDAs) safeguard confidential, proprietary, or otherwise valuable information shared between parties.

For CDAs/NDAs regarding discussions related only to current or anticipated intellectual property collaborations or commercialization, submit to CMI.

For CDAs/NDAs  regarding discussions related to a potential research project including Clinical Trial and Basic Science collaborations which may also include IP licensing, submit to ORA (SharePoint; Penn State login required).

For CDAs/NDAs regarding discussions related to the exchange of information to determine if our PI would like to purchase a service or a tangible item. Submit via the contract intake process within INFO for contract review.

  • Specify the purpose of information sharing. 

  • Limit what can be claimed as confidential by others. 

  • Prevent third parties from exploiting benefiting from the PI’s ideas or plans. 

  • Ensure confidentiality obligations do not last indefinitely. 

  • Before PI shares existing intellectual property with a business for SBIR/STTR submissions. 

  • When PI is providing feedback or input on a project or study design, including preparing or reviewing a study protocol, scope of work, hypothesis, or other research program. 

  • Prior to any discussions or sharing of any sensitive information with an outside entity. 

  • If a CDA/NDA is not in place, and a PI discloses information to a business in preparation of an SBIR/STTR, then any such information lacks legal protection against misappropriation or sole use by the business. 

  • The outside entity could proceed with a research project with another research institution, using the Penn State PI’s feedback or study designs, without legal recourse for the Penn State PI. 

Purchasing Research Materials

Master Agreements with Vendors 

Penn State College of Medicine has pre-negotiated Master Agreements in place with  the following vendors: 

  • Biodefense and Emerging Infections Research Resources Repository (BEI)  

  • American Type Culture Collection (ATCC) 

  • Amgen Inc. 

  • National Institute of Neurological Disorders and Stroke (NINDS) BioSEND

  • UC Davis KOMP Repository (KOMP)

*Contact CMI for a copy of the Master Agreement. 

Other vendors* that may require an MTA with orders

  • Addgene 

  • Coriell Institute for Medical Research 

  • Cyagen Biosciences 

  • Mutant Mouse Resource and Research Centers (MMRRC) 

  • Riken (animals and cell lines) 

  • The Jackson Laboratory (cell lines, animals and services) 

  • Taconic Biosciences (animals and services) 

* These are a few examples and do not reflect all sources. Contact CMI for assistance with vendor registration and/or ordering process steps.

Any fee-for-service work or purchase of consumable research materials (reagents or lab materials), equipment (leasing or purchasing) and software (purchasing or for research use) should route reviewed by the departmental Financial Analyst (FA) who can assist with determining the correct area to review (Strategic Sourcing and Contracting, ORA, CMI). All quotes related to the purchase of a service or a tangible item should be reviewed by departmental Financial Analyst (FA) for PSU Signatory approval for payment commitment is made to the vendor. 

Bayh-Dole Act  

The Bayh-Dole Act of 1980 allows universities, small businesses, and non-profit organizations to retain ownership of inventions made with federal funding, encouraging the commercialization of these innovations. It aims to promote the transfer of technology from research institutions to the marketplace for public benefit. 

Key points of the Bayh-Dole Act: 

  • Includes U.S. regulation regarding intellectual property developed using federal government funded research.     

  • Permits universities that receive federal funding, businesses, or non-profit organizations to elect to pursue ownership of an invention, rather than obligating inventors to assign inventions to the federal government.  

The following agreements are important tools in enabling the commercialization of research outcomes, in line with the objectives of the Bayh-Dole Act.