In recognition of the nation’s expanding need to engage businesses and universities in the areas of commercial and basic science research, the Department has developed two special types of agreements for use at all DOE National Laboratories with approved designated user facilities.

For non-commercial, basic science research, researchers may seek to use the
Non-proprietary User Agreement. Under this type of agreement, the user pays its own costs of the research with the DOE laboratory, may access specialized laboratory equipment and collaborate with laboratory scientists. The non-proprietary user and the National Laboratory retain title to their own inventions and research data generated under non-proprietary research is made public. A more complete description and model of this type of Agreement is contained in appendix A of the Class Waiver for Non-Proprietary Users. This agreement is complementary to Cooperative Research and Development Agreements (CRADAs) and Non-Federal Work for Others agreements (WFOs) which may be more appropriate for commercial type collaborations. 

For commercial research, researchers may seek to use the Proprietary User Agreement.  Under this type of agreement, the user pays the full cost for use of specialized laboratory equipment and, with limited exceptions, retains as proprietary the technical data generated, as well as the rights to any new inventions. A more complete description and model of this type of Agreement is contained in appendix A of the Class Waiver for Proprietary Users. 

The current list of DOE designated user facilities offering the Non-Proprietary and/or Proprietary User Agreements is at Designated Proprietary User Facilities.  This list may be periodically updated.
 
Access by industrial users to certain supercomputing facilities appearing on the designated facilities listed may also have available a special user agreement. Access to other DOE facilities and resources not appearing on the approved designated lists that may also be called “user” facilities is usually being done under WFOs or CRADAs.

For further information contact the Office of the Assistant General Counsel for Technology Transfer and Intellectual Property at 202-586-2802 or GC-62@hq.doe.gov