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MISSOURI STATUTES AND CODES

196.1121. Reimbursement of costs allowed if four-part test met--institutions or organizations receiving grants or awards to retain title to all inventions, data and discoveries--rulemaking authority.

Reimbursement of costs allowed if four-part test met--institutionsor organizations receiving grants or awards to retain title to allinventions, data and discoveries--rulemaking authority.

196.1121. 1. Grant or contract awards made with moneys appropriatedfrom the life sciences research trust fund shall provide for thereimbursement of costs. Whether reimbursement of specific costs is alloweddepends on the application of a four-part test balancing which shallinclude:

(1) The reasonableness of the cost;

(2) The connection to the grant or contract;

(3) The consistency demonstrated in assigning costs to the grant orcontract; and

(4) Conformance with the specific terms and conditions of the awardor contract.

The life sciences research board may from time to time issue rules andguidelines consistent with such four-part test and provide grant andcontract recipients with a list or other explanation of regularly permittedcosts.

2. Grant and contract recipients shall preserve research freedom,ensure timely disclosure of their research findings to the scientificcommunity, including through publications and presentations at scientificmeetings, and promote utilization, commercialization, and publicavailability of their inventions and other intellectual property developedas a general institutional policy. Institutions or organizations receivinggrant or contract awards shall retain all right, title, and interest,including all intellectual property rights, in and to any and allinventions, ideas, data, improvements, modifications, know-how, creations,copyrightable material, trade secrets, methods, processes, discoveries, andderivatives, regardless of patentability, that are made in the performanceof work under a grant award. The life sciences research board shall adoptreasonable rules to ensure that any such intellectual property rights areutilized reasonably and in a manner that is in the public interest.

(L. 2003 H.B. 688)

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