Home > Investigators > Biological Material Transfer

Academic investigators frequently wish to share their biological materials with their colleagues at private companies and universities. Because biological materials can be the basis of many patentable inventions, and the materials themselves are owned by the Hospital and may be covered by patents or other encumbrances, the transfer of biological materials either to or from the Hospital is commonly subject to specific contractual obligations.

These contractual obligations are usually set forth in a short letter form agreement, sometimes called a "Statement of Investigator Form," or "Materials Transfer Agreement," all of which will be referred to here as Material Transfer Agreements (MTAs).

MTAs often establish rights to subsequent inventions made using the initial biological material, rights which may be covered under the sponsorship provided for the research that developed the initial biological material.

Industry

Requesting Biological Materials from Industry

When an investigator requests a biological material from an industry scientist or company, the company usually will require that the investigator sign an MTA. Often, but not always, the agreement will require the signature of an institutional representative as well. Even if the investigator's signature is the only one required, the agreement should be reviewed by Corporate Sponsored Research and Licensing (CSRL) before being signed. The agreement may request rights the investigator cannot grant, such as ownership of materials made in MGH labs, or ownership of or licenses to inventions made in the investigator's Hospital research. Any of its provisions may conflict with MGH policy or with obligations the investigator already may have incurred by accepting funds or materials from the federal government or other for-profit or not-for-profit sponsors.

In addition, some MTA's place constraints on the ability of the investigator to use and publish research data that are contrary to Hospital policies. CSRL will review the proposed MTA provisions and will negotiate modifications to the agreement as required. It is important to understand that commitments made in an MTA may make it difficult, if not impossible, to use the material in current research or to receive future support from other entities for work involving the material received under the MTA.

Providing Biological Materials to Investigators in Industry

Please contact your CSRL case manager if you want to distribute biological materials to any for-profit entity or person associated with a for-profit entity outside the Hospital. CSRL will provide you with a letter, to be used for this purpose, which reflects the circumstances of your case and deals with liability and property rights issues.

>Don't know who your CSRL case manager is? Click here.

Not-For-Profit

Requesting Biological Materials from Not-for-Profit Institutions

Requesting biological materials from academic institutions and other non-profits is usually less complicated than requesting materials from industry. While many universities around the country have begun to place more conditions on the transfer of their materials, generally , non-profit institutions will not ask to obtain rights or licenses to inventions, nor to delay or forgo publication of research data obtained through the use of their materials. However, they may seek to share in royalties which flow to the investigator and MGH in the event that an invention made using their materials results in a royalty-bearing license to an industrial sponsor.

Please submit to your CSRL case manager any document which a not-for-profit institution sends in response to your request for biological materials. CSRL will review the document and, if necessary, negotiate changes needed to conform to Hospital policies and avoid incurring conflicting obligations on your behalf or on behalf of MGH. To facilitate CSRL review of your materials request from either industry or a not-for-profit, please submit to CSRL.

1. Request for Biological Materials
2. Sending Materials Out

Providing Biological Materials to Investigators at Not-for-Profit Institutions

Some research sponsors restrict distribution of biological materials created with their support. Please consult with CSRL before distributing any materials produced in the performance of industry sponsored research. In other cases where materials are being distributed to not-for-profit institutions, it is not necessary to involve CSRL. However, please ask CSRL to provide a letter tailored to the specific situation, if you want to:

• Protect the materials, or
• Obtain industrially sponsored research, in the future, that may involve the materials.

>Don't know who your CSRL case manager is? Click here.