NOT-OD-04-045: NIH GRANTS POLICY STATEMENT (REV. 12/03): CORRECTION to INVENTION, LICENSING AND PATENT COSTS

Department of Health
and Human Services (HHS)

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NIH GRANTS POLICY STATEMENT (REV. 12/03): CORRECTION to INVENTION, 
LICENSING AND PATENT COSTS

RELEASE DATE:  May 27, 2004

NOTICE:  NOT-OD-04-045

National Institutes of Health (NIH)

The purpose of this Notice is to correct the statement on the 
allowability of invention, licensing and patent costs under Part II 
 Terms and Conditions of NIH Grant Awards, Cost Considerations, 
Selected Items of Cost, Invention, Patent, or Licensing Costs  that is 
included in the revised NIH Grants Policy Statement (NIHGPS, rev. 
12/03) located at 
http://grants.nih.gov/grants/policy/nihgps_2003/NIHGPS_Part6.htm#inv.
  
The previous language in the NIHGPS is:

Unallowable either as direct or F&A costs because creation of 
intellectual property is not a requirement of NIH grant awards. Such 
costs include licensing or option fees, attorney's fees for preparing 
or submitting patent applications, and fees paid to the U.S. Patent and 
Trademark Office for patent application, patent maintenance, or 
recordation of patent-related information.

The revised text now states:

Unallowable as a direct cost unless specifically authorized on the 
grant award.  May be allowable as F&A costs, provided they are 
authorized under applicable cost principles and are included in the 
negotiation of F&A cost rates. Such costs include licensing or option 
fees, attorney's fees for preparing or submitting patent applications, 
and fees paid to the U.S. Patent and Trademark Office for patent 
application, patent maintenance, or recordation of patent-related 
information.

This change is required for consistency with the provisions of several 
cost circulars.

SUMMARY

Please note these corrections and clarifications in your copy of the 
NIHGPS (rev. 12/03).  Both the HTML and PDF versions of the NIHGPS have 
been revised.  The revised page, may be downloaded in Adobe Acrobat 
format from the OER Grants Policy and Guidance site, located at 
http://grants.nih.gov/grants/policy/nihgps_2003/index.htm
   
Questions about this Notice should be referred to the Grants Management 
Specialist identified on the Notice of Grant Award.

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