Material Transfer Agreements
 Material
Transfer Agreement Form
Transfer of Materials
The Office of Technology Commercialization reviews and approves Material Transfer
Agreements (MTAs) for both the transfer of outgoing material requests as well as
the transfer of all incoming material requested. Our goal is to ensure that MTAs
reviewed by this office do not restrict academic freedom, hinder future research
and protect potential inventions and intellectual property for University faculty.
Types of material requests may include biological (from DNA to live animals), chemical
compounds, databases and software codes.
Why is an agreement required for material transfer?
Most providers of material will want to have an MTA in place so that there is a
common understanding of how the materials can be used. More importantly, both parties
involved in the exchange of research materials will benefit from the arrangement.
Informal transfers done without MTAs offer little protection on either the provider
or the recipient. An MTA establishes ownership to any potential inventions which
may be developed by the use of the materials. Also, if the material to be transferred
includes material that is still owned by a third party provider, further transfer
of that material is almost certainly contractually restricted by the MTA and can
provoke litigation. However, it is often possible to transfer the material, if the
new recipient agrees to honor the obligations imposed by the original provider by
entering into an MTA.
In order to provide you with timely service, we ask that you complete the
Material Transfer Request form to expedite your request. This assists our
office in preparing an accurate evaluation of the particular MTA agreement and proposing
appropriate terms and conditions, if necessary. The information received on the
request form can minimize the delay in the approval of the agreement. Every MTA
is different, the materials being transferred, in or out, all have specific properties,
specific risks and specific applications.
Incoming MTAs:
If a faculty member is requesting materials from an academic institution, a nonprofit
entity or industrial entity, he will be required to have an MTA in place before
the materials will be released for transfer. The MTA and the Material Transfer Request
form should be sent to the Office of Technology Commercialization for review and
approval.
Outgoing MTAs:
If a faculty member receives a request for materials which he has created, this
request and the Material Transfer Request form should be routed though the Office
of Technology Commercialization. An appropriate University agreement will be sent
to the recipient requesting approval and signature of the MTA before the materials
can be released for transfer.
MTAs with Academic Institutions:
Transferring materials between colleagues at other academic institutions and some
nonprofit entities has been successfully standardized. A group convened by the National
Institutes of Health worked out standard terms to simplify material exchanges for
research purposes. The Uniform Biological Material Transfer Agreement (UBMTA) was
implemented and participating institutions who have signed the UBMTA may use the
UBMTA Implementing Letter or the
Simple Letter Agreement to exchange
material with other member institutions. The University of California is a member
institution and a signatory to the UBMTA which includes over 200 institutions. These
agreements generally will not require a review period and can be signed by this
office upon receipt.
The UBMTA Implementing Letter can be used when transferring materials which have
potential commercial value to other academic or non-profit institutions for teaching
and academic research purposes only. This applies to materials transferred in and
out.
The Simple Letter Agreement can be used to transfer non-proprietary biological material
to other academic or non-profit institutions for teaching and academic research
purposes only. This applies to materials transferred in and out.
The UBMTA Implementing Letter and Simple Letter Agreement will not apply in the
following cases:
- Institutions that are not member participants of the UBMTA
- Material transfers with Industry
- Materials that have third party obligations
- A patent application has been filed or will be filed for the materials
If your particular situation covers any of the above, please contact the Office
of Technology Commercialization so that we can recommend a more appropriate agreement.
MTAs with Industry:
Industrial sponsors will freely distribute its materials to academic institutions
with the expectation of acquiring patent rights and new intellectual property. This
may become a conflict when the company providing materials has not funded any of
the faculty member's research.
The Office of Technology Commercialization makes every effort to work with Industrial
providers and enter into an acceptable agreement to both parties. MTAs with Industry
are always reviewed carefully and may include terms and conditions which are contrary
to University policies. MTAs with Industrial sponsors vary greatly and no two agreements
are the same. Faculty should be aware that these agreements cannot be signed immediately,
and the review period can be extensive before it is approved and signed.
The Office of Technology Commercialization is here to help faculty acquire materials
to advance their research. It is important to realize that the agreements which
cover these exchanges are contracts that are legally binding. The University and
faculty are obliged to live up to the provisions they contain.
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