The document provides a detailed response from several associations to the National Institute of Standards and Technology (NIST) regarding its draft “Green Paper” on federal technology transfer authorities and processes. The associations express strong support for many of the Green Paper's intended actions, emphasizing the positive impact of recommended changes on technology transfer at their member institutions. Key issues addressed include clarifying government use licenses and the application of “march-in” rights under the Bayh-Dole Act, streamlining the waiver process for U.S. manufacturing requirements, allowing the use of federal research funds for intellectual property protection, and harmonizing conflict of interest management and reporting requirements across agencies. The associations also endorse measures to enhance technology entrepreneurship, modernize reporting platforms, expand the evaluation metrics of R&D investments, and refer outstanding patent law and funding flexibility concerns to the relevant federal offices.
Despite this broad support, the document outlines several reservations. The associations find the discussion around Partnership Intermediary Agreements (PIAs) and the recommendation to model new Research Transaction Authority (RTA) agreements after Other Transaction Authority (OTA) arrangements confusing and lacking empirical support. They caution against the potential circumvention of Bayh-Dole rights and urge greater clarity in how such frameworks should be implemented. Additional concerns include the lack of guidance on rights to software inventions by federal contractors and inconsistencies in government practice. Ultimately, the associations commend the overall direction of the Green Paper, agreeing that the foundational laws such as Bayh-Dole have been instrumental in fostering innovation, but stress that the proposed clarifications and improvements are needed to maximize the public benefit of federally funded research and facilitate ongoing collaboration toward national economic and security goals.
