Patent & Intellectual Property Policy

American Health Assistance Foundation
Research Grant Programs

1. All potentially patentable inventions or other intellectual properties that result from support, in whole or in part, of research, funded in whole or in party by Grants from the American Health Assistance Foundation (“AHAF”) (hereinafter called the "Properties") must be reported to American Health Assistance Foundation at the earliest possible time by the Grantee Institution. The Grantee Institution agrees to notify AHAF immediately of any decision to apply for letters of patent or other legal protection for the Properties. The Grantee Institution further agrees to seriously consider, in good faith, any comments, suggestions or objections that AHAF may have concerning such applications. AHAF agrees to keep all information provided by the Grantee Institution confidential and not to release any information relating to such inventions, intellectual property or applications for protection to any third party, except as specifically set forth below. All patenting expenses or costs associated with the protection of other intellectual property shall be borne solely by the Grantee Institution.
   
   
2. Title to all Properties will reside in the Grantee Institution to the extent that such title is claimed by the Grantee Institution under its Patent Policies and Procedures.  The Patent Policy and Procedures shall be provided to AHAF prior to the Grant award and shall indicate the circumstances when Properties are owned by the Grantee Institution or the Principal Investigator.  If a Grantee Institution has no established Patent Policy or Procedure concerning inventions or intellectual property, or if the Grantee Institution’s Patent Policy or Procedure does not claim rights for the institution or individual inventor, then AHAF shall have the right to determine the disposition of rights in the Properties subject to the provisions set forth below, and, in consultation with the Grantee Institution, to take any steps it deems necessary to protect legal rights in the Properties.
   
   
3. Any income from the licensing or other exploitation of the Properties in whatever form, including equity distributions, intangible interests, or exchanges for items or services of value, shall be distributed in accordance with the policies of the Grantee Institution. However, such distribution shall be guided by the principle that AHAF has an interest in the Properties which is reasonably related to the amount of AHAF's financial support for the research leading to the creation of any Properties.
   
   
4. Notwithstanding any of the foregoing, if any Properties result from work supported jointly by AHAF and any agency or department of the United States Government, AHAF may, in its sole discretion, defer to the Patent Policy or Procedure of the agency or department upon receipt of a written statement notifying AHAF of the agency or department’s position with respect to the Properties in question.
   
   
5. In the event any Properties result from work supported jointly by AHAF and another organization which is not an agency or department of the United States Government, that organization, the Grantee Institution, and AHAF will confer, in good faith, to arrive at a mutually satisfactory disposition of the Properties' rights.
   
   
6. No patent, patent application or other type of protection for the Properties shall be abandoned without first notifying AHAF. At such time, the Grantee Institution shall give AHAF reasonable opportunity to take title to the Properties and/or to take any steps necessary to establish or maintain legal protection for the Properties.
   
   
7. The Grantee Institution agrees that if it licenses the Properties, it will obligate the licensees as follows:  The licensee shall agree to exert its best efforts to commercialize, or cause to be commercialized, the Properties as rapidly as practical, consistent with sound and reasonable business practices and judgment.  In the event the licensee has failed to commercialize the Properties within a three-year period, the Grantee Institution, upon conferring with AHAF, shall have the right to convert an exclusive license to a non-exclusive license or terminate an existing exclusive license with such licensee.  If the licensee or Grantee Institution has an ongoing and active research, development, manufacturing, marketing or licensing program appropriately directed toward the production and sale of the Properties, then this would be deemed to be sufficient evidence that the licensee or Grantee Institution has commercialized the Properties.
   
   
8. AHAF reserves the right to public acknowledgement for its role in creating any Properties that result from research funded by AHAF.  However, AHAF's name and logo may not be used in association with any Properties without the prior written approval of AHAF.
   
   
9. AHAF may use the Properties without payment of royalties or license fees, so long as such use is solely for its own intramural or noncommercial purposes or for public education purposes, provided, however, that AHAF shall not use the Properties to benefit any of its other Grantee Institutions.

Last Reviewed On: 12/18/09