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Cooperative Agreements, OTAs, Grants

Overview

The government encourages technology transfers between the private and federal sectors. This is done mainly through Cooperative Research and Development Agreements (CRADA), and NASA's and the Department of Defense's (DOD) "other transactions," which permit access by private companies to government technology, inventions, expertise, and facilities (principally federal laboratories). The rights, obligations, and remedies under these agreements are very different from those commercial or traditional government contracts. Moreover, there is no uniform set of regulations that apply to CRADAs or other transactions. Instead, there are a wide variety of "model" agreements, which follow in varying degrees the broad statutory authority for these transactions.

Our lawyers are experienced in the unique difficulties posed by CRADAs and other transactions. These include:

  • Providing guidance on the Federal Technology Transfer Act of 1986, 15 USC. § 3710a
  • Determining the allocation of patent rights, licenses, and assignments for inventions developed under CRADAs and other transactions
  • Addressing rights in other valuable intellectual property developed under these agreements
  • Advising on foreign ownership, control, or influence issues associated with CRADAs and other transactions

Insights

Client Alert | 2 min read | 03.13.23

Biden Administration Announces Significant Funding Initiative for Decarbonization Projects

On March 8, 2023, the Biden Administration announced a further opportunity for companies to take advantage of significant federal funding intended to promote clean manufacturing and reduce greenhouse gas emissions in federal procurement.  In line with the Biden Administration’s push to implement a clean energy economy (as we have previously covered, for example, here and here), the Department of Energy (DOE) will provide $6 billion in grants through the new Industrial Demonstrations Program to “accelerate decarbonization projects in energy-intensive industries and provide American manufacturers a competitive advantage in the emerging global clean energy economy.”  Funding for these grants will come from the recently passed Infrastructure Investment and Jobs Act and Inflation Reduction Act....

Professionals

Insights

Client Alert | 2 min read | 03.13.23

Biden Administration Announces Significant Funding Initiative for Decarbonization Projects

On March 8, 2023, the Biden Administration announced a further opportunity for companies to take advantage of significant federal funding intended to promote clean manufacturing and reduce greenhouse gas emissions in federal procurement.  In line with the Biden Administration’s push to implement a clean energy economy (as we have previously covered, for example, here and here), the Department of Energy (DOE) will provide $6 billion in grants through the new Industrial Demonstrations Program to “accelerate decarbonization projects in energy-intensive industries and provide American manufacturers a competitive advantage in the emerging global clean energy economy.”  Funding for these grants will come from the recently passed Infrastructure Investment and Jobs Act and Inflation Reduction Act....