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Material Transfer Agreements

In the life sciences, many inventions include both intellectual property and valuable, tangible biological material. And, sometimes a new technology cannot be patented because its value lies solely in the commercial use of the tangible material. In both cases, potential licensees/buyers want to test the materials before purchasing them.

Retaining ownership in these materials is critical to protecting the interests of the technology creator. In such cases, a Material Transfer Agreement (“MTA”), which is a form of bailment contract in which the right of possession is granted but not ownership, is appropriate.

BPSG has extensive experience with MTAs and their uses. Our knowledge and experience allows us to draft and negotiate suitable MTAs that allow the owners to maintain ownership and control of their properties while allowing potential licensees/buyers to conduct their necessary testing.