CRADA & MTA FAQs
When do I use an MTA or a CRADA?
The CRADA is a unique agreement between a federal laboratory and a non-federal party for conducting specified research or development. It is not a federal contract, grant or Cooperative Agreement (as defined in 31 USC § 6303 et seq.).
CRADAs are authorized with collaborators who will make intellectual contributions to the research project or contribute essential research materials or technical resources not otherwise reasonably available to NIH. CRADAs cannot attempt to direct or restrict research in a NIH laboratory.
Under a CRADA, the NIH laboratory can provide personnel, services, facilities, equipment or other resources with or without reimbursement (but not funds to non-federal parties) and the collaborator can provide funds, personnel, services, facilities, equipment or other material and/or technical resources. Importantly, the CRADA provides the non-Federal party the option to negotiate an exclusive or nonexclusive license to the resultant CRADA Subject Invention(s). The CRADA is the primary legal mechanism the Federal government has to convey such rights in advance of an invention.
When do I use an MTA or a CRADA?
A Material Transfer Agreement (MTA) generally is utilized when any proprietary material is exchanged, the receiving party intends to use it for his/her own research purposes, and no research collaboration between scientists is planned. However, unlike a CRADA, neither a licensing option nor rights for commercial purposes may be granted under this type of agreement.
A CRADA may be appropriate when research collaboration is intended and the collaborator requires exclusive licensing rights to the ensuing inventions