Start-Up Program 3.0: An Exclusive License Program for Early and R&D-Stage Companies
The National Cancer Institute (NCI), through the NCI Technology Transfer Center (TTC), is offering a Start-Up Exclusive License to early and R&D-stage companies developing early-stage therapeutic, vaccine, device, and certain diagnostic technologies.
The NCI Start-Up Exclusive License Program provides exclusivity to certain NCI intellectual property rights while companies explore the commercial potential of select NCI technologies. This is a full Patent Commercial License with specific provisions that allow both the NCI and the licensee to maximize the possibility of the licensed technologies being developed into products that can extend healthy life and reduce the burdens of illness and disability.
Company Criteria
Start-Up 3.0 Licenses are available to companies that meet the following criteria:
- less than 7 years old;
- less than $15,000,000.00 in capital raised (exclusive of non-dilutive grant funding); and
- majority owned by individuals or by a company that is majority owned by individuals.
Companies must license at least one United States patent and commit to developing a product or service for the US market. Companies may license patents filed in other countries if the company commits to bringing products to markets in those countries.
Features of the NCI Start-Up 3.0 Exclusive License
- Grant of full exclusive patent commercialization license;
- Initial two-year "evaluation" phase for pre-clinical research and for raising capital; and
- "Commercialization" phase triggered by licensee to extend the term of the license;
- Potential for a broader field of use during "evaluation" phase which may be refined for the "commercialization" phase;
- Predictable expenses during the first two years of the license;
- $5,000 execution royalty; and
- Payment of a known percentage of ongoing patent expenses; and
- Certainty of financial commitment through initial negotiation of key downstream royalties due during the "commercialization" phase.
The process to obtain a Start-Up 3.0 Exclusive License
- Company identifies a technology of interest─an Available Technology─and confirms with the TTC Technology Transfer Manager (TTM) who supports the technology that it is suitable for this program.
- Company submits a signed and dated .PDF of the license application for the chosen technology to the TTC Technology Transfer Manager;
- The TTM reviews the license application and determines if any additional information is necessary and that it satisfies the requirements of 37 CFR 404;
- An internal review, called a Preliminary Determination, is required and once that has been approved, NCI will advertise a "Notice of Intent to Grant an Exclusive License" in the Federal Register (FRN) with a notice period of 15 days; and
- If no objections or comments are received, during the Notice period that are relevant to the proposed execution on the license, the TTM and the company and may start negotiations.
Questions About This Program?
For any questions regarding this program, please contact Mr. Richard Rodriguez, Associate Director, NCI Technology Transfer Center by email or by telephone 240-276-6661.
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