STEP 1: CLASSIFICATION AND OWNERSHIP OF IP

Determine Ownership of Intellectual Property (IP)

Classify the IP into one or more of the following categories:

• Patents (Inventions)

• Trademarks (Identify source of a product or service)

• Copyrights (Expression of ideas)

• Trade Secrets (Secret information with commercial value)

Definitions:

• “Controlled information” is sensitive information that does not meet the criteria for classification but must still be protected.  It is UNCLASSIFIED information that allows for, or requires, safeguarding and dissemination controls in accordance with laws, regulations, or Government-wide policies.  Controlled Information must still protect ITAR restricted information.

• “Classified information” is information that requires protection against unauthorized disclosure in the interests of national defense and security or foreign relations of the US pursuant to Federal statute or Executive Order.  CRADA’s do not typically allow for classified information to be shared.   A Classified CRADA can be negotiated based on the circumstances of the project.
  

  Identify Ownership of the IP: 

• Sole Inventions: owned by the party that invents

• Joint Inventions: owned jointly

  Disclose Background IP and Protected Information

IP must be marked and reduced to writing.

• 30 days is required to reduce oral or visual disclosures into writing.

• Background technology must be disclosed in the CRADA Work Plan (Section II) 

• This includes anything that is being brought into the CRADA by either party.

• Restricted access information may be exempt from FOIA requests for 5 years.

• Records of all background technology and protected information must be kept in the CRADA file.

• Neither party will be liable for release of unmarked background technology or protected information.
  

  Provide Required Collaborator Information

Definitions:

A “Domestic Collaborator” is defined as a company who is incorporated in the US and physically located in the US.

A “Foreign Collaborator” is defined as a foreign-owned company located outside the US.

The Collaborator must disclose the following information:

• The State in which they are incorporated

• Whether or not they are foreign-owned 

  Approval Process for Foreign Collaborators

The approval process for foreign collaborators includes the following steps:

• State Department approval

• Local Foreign Disclosure Office (FDO) approval

• SAF/IA approval.