For BrIDGs projects, NCATS staff expect the originating investigator institution or a collaborating partner to have acquired or be in the process of acquiring appropriate protection for preexisting intellectual property (IP) prior to contacting the program.
Under the Bayh-Dole Act, government contractors may elect to retain rights for a contribution they make during a BrIDGs collaboration that rises to the level of invention. However, BrIDGs contractors or subcontractors are generally subject to a Determination of Exceptional Circumstances (PDF - 26KB), through which their rights in subject inventions are assigned to the federal government. If NIH does file a patent application, the collaborating institution of record may be given the opportunity to negotiate an exclusive license under procedures set forth in 37 CFR Part 404.
To obtain this licensing opportunity, institutions must enter into a formal collaboration agreement prior to the initiation of a partnership with BrIDGs. Please see the NCATS Forms and Model Agreements page for a list of agreement templates.