Model IIA Agreement

Please Consider Endorsing Use of the Model IIA 

We invite all tech transfer offices to consider endorsing use of the AUTM Model Inter-Institutional Agreement (Model IIA),  developed by AUTM members from a broad group of research institutions to create a common starting point for IIA negotiations. 

Why endorse the Model IIA? 

  • Reflects expertise and consensus from a diverse group of research institutions on best practices for managing jointly owned patent rights.
  • Minimizes transaction costs and eliminates repeated legal reviews by providing standard terms within a customizable template, complete with annotation on common issues and options. 
  • Simplifies administration of jointly owned rights through community-developed standard practices.

What does it mean to endorse?  

  • By endorsing the Model IIA, a research institution simply expresses its commitment to use the template as starting point when requested by another endorsing institution. 
  • The Model IIA provides a generally accepted starting place, which can be customized for specific circumstances. 
  • The Model IIA is a dynamic, living document, with periodic review and updates by the AUTM working group to reflect experience and changes in best practices.  

I’m convinced! Where do we sign up?

Background on Model Inter-Institutional Agreement (Model IIA)

The Model Inter-Institutional Agreement (Model IIA) was developed by a broad group of research institutions to create a template as a common starting point for IIA negotiations. The initial Model IIA was endorsed by 19 research institutions in 2013. The project working group reconvened in 2015 to revise the Model IIA and solicit additional users. Over 40 institutions have now participated in the process. The project is an open effort and we hope your institution will consider participating if you are not already. Model IIA was developed to create a template as a common starting point for IIA negotiations in circumstances where two or more patent co-owners do not otherwise have a history of jointly managing patents together or an agreed starting point. It is intended to supplement, not replace, the existing body of IIA templates, although some institutions may choose to use it as their standard template agreement.

Model Preliminary Patent Management Agreement (Model PPMA)

In the course of developing the Model IIA, the participating institutions identified a need for a streamlined process to reach agreement on the sharing of patent costs to enable the parties to proceed with patent prosecution even before the full IIA is signed. The model Preliminary Patent Management Agreement (Model PPMA) was developed for this reason. It creates a binding obligation to share patent costs, but does not give either party the right to enter into a license while the PPMA is in effect. In the spirit of keeping the process simple, either party may terminate the PPMA on 90 days’ notice and the non-lead is not required to pay for any particular patent expenses that it objects to on a timely basis.

Institutions Endorsing Model and User Guide

By endorsing the Model IIA, research institutions express their commitment to use the Model IIA as a starting point for negotiations of an Inter-Institutional Agreement for the management of jointly-owned patents if requested by another endorsing institution.

While the template has been endorsed by the initial group of over 15 institutions that prepared the document, it will be most effective if used and endorsed by additional institutions. If other institutions are interested in using or endorsing the Model IIA, they are encouraged to join the Model IIA Discussion eGroup on the AUTM website.

Visit the Model IIA Project website.