The BMFTR is placing greater emphasis on the application and commercialization of research results in current and future project proposals.

Key Points

• Obligation to Commercialize: Project results must be put to actual economic or scientific use, e.g., through licenses, follow-up projects, or knowledge transfer. Appropriate reports must be submitted regarding such commercialization.
• Use for Research and Teaching: Project results must be made available free of charge upon request for research and teaching purposes within the EU, provided that their use is exclusively for non-commercial purposes.
• Use Outside Europe: The transfer or use of project results by entities outside the European Economic Area and Switzerland generally requires the prior approval of the BMFTR.
• Intellectual Property Rights Prior to Publication: If a patent or other intellectual property application is planned, it should be filed before the relevant project results are published. The BMFTR must be notified of such applications.
• Ongoing Review of Intellectual Property Rights: Throughout the project, it must be determined whether existing intellectual property rights or patent applications held by third parties could impede the implementation or subsequent commercialization of the project.
• Requirement to Report Conflicts of Rights: If any third-party intellectual property rights that pose an obstacle become known, the BMFTR must be notified, and it must be explained under what conditions the project can still be carried out.

Implications for Future Project Proposals

For future BMFTR projects, the utilization strategy should be carefully described in the proposal itself. The following points are particularly important:

• Economic and scientific applications
• Technology Transfer and Knowledge Transfer
• International Distribution Prospects
• Potential intellectual property rights and patent applications
• Tangible social and economic benefits

These changes thus underscore the importance of planning the utilization of project results early on and ensuring that the process is transparent.

Further information: See the BMFTR announcement

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