Outgoing Material Transfers

When a PASSHE University researcher wants to share material with someone off campus, the transaction is an "outgoing material transfer." The key factor in outgoing transfers is ownership of the underlying Intellectual Property. If the material to be transferred is part of a pending or issued University patent, or a pending or completed University Technology Disclosure, then the researcher must follow PASSHE guidelines for material transfers.

In such cases, the University will use the Simple Material Transfer Agreement which incorporates terms consistent with the UBMTA and preserves certain Intellectual Property rights of the institution and the researcher. In order to facilitate an outgoing material transfer, the University Authorized Official (AO) can designate personnel to sign the Simple Material Transfer Agreement. The University does not, however, have the personnel resources to review, negotiate or sign other forms of material transfer agreements for outgoing material transfers. The University has the right to refuse to transfer the material.

If the material to be transferred is subject to an incoming material transfer agreement or a third-party patent, then the Principal Investigator will be severely restricted in his/her ability to share the material. The prudent and expedient course in this instance is to refer the material requester to the original source of the material.

If the PASSHE University has no current or potential claims to the material, and there are no other potential or existing constraints on distribution, such as an existing material transfer agreement or a third-party patent, then a PASSHE University researcher may share his or her material with outside parties, including for-profit as well as educational or non-profit entities. The University does require the Principal Investigator to confirm in writing with the University Authorized Official (or designee) that the material is not subject to any known restrictions.