DEFFERAL OF PLANNED CHANGE IN INVENTION RIGHTS FOR FOREIGN 
GRANTEES/CONTRACTORS EXTENDED

RELEASE DATE:  September 4, 2003   

NOTICE:  NOT-OD-03-063 (Foreign entities allowed to maintain rights 
in intellectual property, see NOT-OD-06-005)

National Institutes of Health (NIH)

Approximately 12 months ago NIH announced the deferral of a planned 
change in invention rights for foreign grantee/contractors.  (see 
http://grants.nih.gov/grants/guide/notice-files/NOT-OD-02-065.html).  
The announcement issued a deferral of twelve months in order to explore 
more fully the ramifications of the policy change.  The NIH continues 
to be committed to protecting the U.S. public's interest and improving 
public health worldwide through effective handling of intellectual 
property rights for foreign grantee/contractors.  Based on the various 
comments contributed by the foreign grantee/contractor community, NIH 
is working on the development of a specific approach to affect this 
control without impacting the unquestionable benefits of the Bayh-Dole 
Act.  To address this complex issue, several alternative approaches are 
currently being vetted at the NIH and through the Department of 
Commerce in consideration of the need to protect global research 
collaboration, commercialization, and trade.  Further notice will be 
forthcoming once details of the final policy have been resolved.

This notification is a further update to the March 15, 2002 NIH GUIDE 
notice entitled, "Planned Modification of Rights to Subject Inventions 
Made Through Funding Agreements to Foreign Entities (NOT-OD-02-039)," 
http://grants.nih.gov/grants/guide/notice-files/NOT-OD-02-039.html. 

For additional information, please contact:

George Stone, Ph.D.
Chief, Extramural Inventions and
Technology Resources Branch
Office of Extramural Research
National Institutes of Health
6705 Rockledge Drive MSC 7980
Bethesda, MD 20892-7980
Tel: (301) 435-0679
FAX: (301) 480-0272
e-mail: [email protected]

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