Mayo Clinic know-how

How know-how differs from standard consulting and why it matters

A know-how license agreement is a contract that grants a licensee the right to use Mayo Clinic's know-how for a specific purpose, such as developing, manufacturing, or improving a product or service.

The terms and conditions of the license vary depending on the type and extent of the know-how, the intended use, and the exclusivity of the rights. Know-how itself is always provided non-exclusively. 

In addition to the know-how itself, these agreements may also include the transfer of other materials that are related to or derived from the know-how, such as patent rights, mouse models, cell lines, assays, protocols or software. These materials can enable the licensee to replicate, validate, or enhance the know-how in their own settings, and to further develop or improve their products or services.

A know-how license agreement may also involve the incorporation of the expertise of a number of contributors, such as clinicians, researchers, or educators, who can each add unique value to a licensee’s product or service. These contributors can provide ongoing support, consultation, or training to the licensee, and help them to overcome any technical or operational challenges or to identify new opportunities or directions.

Know-how agreements

  • Know-how is a term that refers to the practical knowledge, skills, and experience that are needed to solve complex problems. 
  • It is the application of that specialized knowledge and experience to real-world situations. 
  • Know-how is not something that can be easily taught or codified, but rather something that is developed through practice, feedback, and reflection. 
  • Standard consulting is a service that provides clients with advice, analysis, and recommendations based on existing knowledge and best practices, while know-how is an ongoing part of active development that reacts as new challenges arise. 
  • Standard consulting is often focused on delivering a predefined solution or outcome, while know-how agreements explore the root causes and underlying dynamics of the problem. 
  • Standard consulting is usually done by external experts who have limited involvement and accountability for the implementation and results of their work, while know-how agreements provide hands-on expertise working as part of your team as they use their experience and accumulated knowledge to guide the team to a solution.

Know-how is an intellectual asset that Mayo Clinic and its staff have acquired over the course of the organization’s long-standing history of excellence in healthcare, research and education. It is not easily codified or patented, but it can provide significant competitive advantages and benefits to the licensee who can access and apply it.  

Know-how can add value by: 

  • Accelerating the innovation process by reducing the time and cost of trial and error, and by providing insights and solutions that are not readily available from other sources. 
  • Enhancing the quality and performance of products and services by incorporating Mayo Clinic’s best practices, standards, and methodologies. 
  • Mitigating the risks and challenges of entering new markets or domains through Mayo Clinic’s expertise, experience, and feedback. 
  • It enables businesses to find innovative and customized solutions that fit their specific needs and context. 
  • It empowers businesses to learn from their own experience and continuously improve their performance and capabilities. 
  • It creates a competitive advantage and a sustainable value proposition for businesses in a dynamic and uncertain market.
  • SpineThera, Inc. sought Mayo Clinic’s extensive expertise in addiction medicine to develop long-acting injectable drugs to improve treatment outcomes for individuals with substance abuse disorders. Read more. 
  • Optiscan leveraged Mayo Clinic’s knowledge of robotic surgery and high-quality patient care to develop a robot-compatible endomicroscopic imaging system with an initial focus on robotic-assisted breast cancer surgery. Read more. 
  • Early is Good collaborated with Mayo Clinic to develop a comprehensive liquid biopsy for men with advanced prostate cancer. Read more. 

Other agreement types

Licensing Agreements:

  • Intellectual Property (IP) licensed to commercial entities in exchange for financial compensation.
  • Types of IP include:
    • Patents
    • Know-How
    • Copyrights
    • Software
    • Materials (e.g., cell lines, animal models)

Invention Handling Agreements:

  • Agreements that designate the lead licensing party and outline the financial share for potentially licensed, jointly developed IP.
  • Example: Inter-Institutional Agreements, Invention Assignment Agreements.

Nondisclosure/Confidentiality Agreements:

  • Agreements to keep discussed IP confidential.
  • MCV handles such agreements related to IP when Mayo Clinic IP is involved.

Material Transfer Agreements (MTAs):

  • For the transfer of materials from Mayo Clinic to other institutions.
  • MCV handles MTAs for outgoing non-biospecimens.

Sponsored Research Agreements:

  • Companies pay Mayo Clinic to perform experiments.

Clinical Trial Agreements:

  • Agreements related to the conduct of clinical trials.

Collaboration Agreements:

  • Agreements for joint work between Mayo Clinic and other entities.

Funding Agreements/Awards:

  • Agreements where a third-party governmental or foundational organization funds specific work at Mayo Clinic.

Material Transfer Agreements (MTAs):

  • LCA handles MTA’s for incoming materials.

Confidentiality Agreements:

  • Agreements related to research and clinical trial agreements.
  • Handled by the department that would review the underlying agreements.
  • A template is also available for use.