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Download Berkeley Lab Partnerships with Industry Betsy Quayle Contracts Officer Berkeley Lab Innovation and Partnerships Office

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  • Berkeley Lab Partnershipswith Industry

    Betsy Quayle

    Contracts OfficerBerkeley Lab Innovation and Partnerships Office

  • Lab-Industry Research PartnershipsIPO is the Labs hub for partnership agreementsCooperative Research and Development Agreements (CRADA)Strategic Partnerships Program (SPP) (formerly Work for Others WFO)User Agreements

    As well asMemorandum of Understanding (MOU)Non-Disclosure Agreements (NDA)Material Transfer Agreements (MTA)Gifts

  • SPPStrategic Partnership ProjectsFormerly Work for Others (WFO)

    Berkeley Lab performs a non-DOE sponsors scope of work.

    Sponsor covers all costs.

    Work must fit within mission of Berkeley LabNo fixed price; funding based on best effortsUS sponsor may take title to IPGovernment retains royalty-free licenseNo publication restrictionsRequires DOE approvalLab may not compete with private sector for the work

  • SPP - TimelineStrategic Partnership ProjectsFormerly Work for Others (WFO)

    Agreement start to finish: approx. 1 - 2 months

    ProcessDevelop collaborative statement of work (SOW) and budget w/ LBNLReview SPP terms, negotiate if neededReceive advance paymentStart project tasks

  • CRADACooperative Research and Development Agreement (modular CRADA)

    Jointly-sponsored research for shared benefit Work must fit within mission of Berkeley LabEach retain ownership of their own IPPartner may get an option to an exclusive license of the Lab's IPResults may be protected from publication, w/ LBNL agreementRequires products to be substantially manufactured in U.S.Requires DOE approval only if partner wants waiver to US manufacturing clause

  • CRADA - TimelineCooperative Research and Development Agreement (modular CRADA)

    Agreement start to finish: approx. 1 6 months

    Process Develop collaborative statement of work (SOW) and budget w/ LBNLDefine participants contributions (funds, in kind)Review CRADA terms, negotiate if neededReceive advance paymentOpen project

    Short form CRADA:no negotiations for projects < $500k

  • Comparing CRADA - SPP

    CRADASPPContributionShared Scope of WorkLab work, with Sponsor directionFundingDOE or Participant funds / in-kindSponsor funds onlyIP TermsLab / Participant each retain own IP; Participant has 1st right to license Lab IPUS Sponsor may take title to Lab inventions; US government retains royalty-free licensePublicationResults may be protectedNo publication restrictionsComplexityMore complex than SPPLess complex than CRADALegal TermsProduct liability indemnity clause onlyThree indemnity clauses

  • User AgreementsUser AgreementsTo define terms and conditions for the partners use of Berkeley Lab user facilities. Required before experiments begin.

  • Contact - CollaborateBetsy Quayle510-486-7391bequayle@lbl.gov

    Innovation and Partnerships Officehttp://ipo.lbl.gov/

    *Innovation and Partnerships Office

    In addition, we manage lab-industry research partnerships, ensure that inventions receive appropriate patent or copyright protection, license technology to start-up companies, distribute royalties to the Lab and to inventors and serve as the Lab resource on industry relations.*Under SPP, industry can utilize the unique expertise and facilities at Berkeley Lab. In this type of arrangement the industrial sponsor pays 100% of the cost of the work to be performed by Berkeley Lab. Under many conditions, a company may take title to inventions created by Berkeley Lab under the SPP. Berkeley Lab does not perform proprietary work and all results can be published by Berkeley Lab researchers. SPPs are negotiated with Innovation and Partnerships Office (IPO).

    *The advance is held. Project invoicing occurs after opening the project.*Some of the most innovative technology transfer at Berkeley Lab involves Collaborative projects with industry. This provides industry with an excellent way to leverage R&D funds and conduct research that might otherwise not be possible. DOE and industry may jointly sponsor a project under a CRADA. Costs, personnel, facilities, equipment, or research capabilities may be shared for mutual benefit. Companies are able to retain rights to their own inventions made under a CRADA and they are granted a free option to Berkeley Lab inventions. Intellectual property created by Berkeley Lab under a CRADA is retained by Berkeley Lab. CRADAs are negotiated with Innovation and Partnerships Office (OSPIP). Short form CRADA funding ceiling of $500,000 and must be adopted in its entirety.

    ***User Agreement:Berkeley Lab is home to a number of User Facilities operated by the Lab for the U.S. Department of Energy. A User Agreement is required to be in place before experiments may begin and a facility may be utilized. The User Agreement defines the terms and conditions for the use of the User Facilities and is the mechanism that allows users to retain ownership of their intellectual property.

    Gifts:Berkeley Lab can accept gifts under certain conditions. Since we are operated by The Regents of the University of California, a 501(c) 3 corporation, a gift is tax deductible. Gifts are approved by the Innovation and Partnerships Office (IPO) and accepted by the Lab Director.

    **

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