A confidentiality agreement is a document designed to protect the confidentiality of ideas, inventions, notes, and any other technical or proprietary information that may be divulged in discussions with external parties; it requires the signers not to disclose any information specified as confidential. It should be signed by the researcher/inventor and anyone outside the University involved in a discussion regarding research that may generate specific intellectual property. If any individual or firm is reluctant to sign a confidentiality agreement, the researcher should not proceed. It is unusual for an organization to hesitate to sign such a document because it provides protection to all involved.
Contact the Office of Technology Commercialization BEFORE talking with outside firms or any other entity.
Material Transfer Agreement
A material transfer agreement (MTA) is a legal agreement between the provider of biological materials or chemical compounds and the receiving party. It protects intellectual property and/or patent rights, establishes legal guidelines for the distribution of the material, and protects you and your research from legal liability as the result of an accident.
A Request for Outgoing Biological Materials/Chemical Compounds questionnaire must be completed in conjunction with your college research office if you receive a request to send materials. The college research office will forward the signed questionnaire to the Office of Technology Commercialization (OTC) for processing. OTC will prepare an appropriate MTA and forward it along with the questionnaire to the Biosafety Officer in the Office of University Research Compliance for final approval of the transfer.
A Request for Incoming Biological Materials/Chemical Compounds questionnaire must be completed in conjunction with your college research office if you are requesting material. The college research office will forward the signed questionnaire and a copy of the provider's MTA to OTC for processing. OTC will review the provider's MTA and make any necessary revisions. Once the MTA is finalized OTC will forward it along with the questionnaire to the Biosafety Officer in the Office of University Research Compliance for final approval of the transfer.
If material is transferred or received from a university or other non-profit entity, OTC may be able to use the Uniform Biological Material Transfer Agreement (UBMTA). The UBMTA is an agreement to facilitate transfers of biological material between institutions that have signed the master agreement jointly developed by representatives of the National Institutes of Health, Association of University Technology Managers (AUTM), and the Pharmaceutical Manufacturers Association. Individual transfers are covered by an implementing letter that: 1) identifies the material and the participating parties, and 2) indicates the transfer is being made under the provisions of the master agreement signed by both institutions. OSU is a signatory institution, and in most cases, honors this agreement. We recommend using the UBMTA whenever possible to expedite the transfer process.
The MTA must be signed by the OSU Senior Associate Vice President, Technology and Economic Development and Executive Director, Oklahoma State University Research Foundation, who is located at 1201 S. Innovation Way Drive, Suite 210, Stillwater, OK 74074, before the material is transferred or received by you from another party. Contact the Office of Technology Commercialization for more information.