Hi James,

I think it is quite different for publications/open publications
(investigator initiated submissions on outcomes of grant-funded research,
which are meant for public dissemination, even though all patentable IP is
still employed-owned, whether a university, a national lab or a company) vs
grant applications (which typically go through university sponsored
research or grants admin and there are rules around funding agreements and
ownership between universities and funding/sponsoring agencies and
NDA/confidentiality agreements between funding agencies and reviewers).

I doubt that you can freely upload grant applications (to biorxiv or any
similar portal) and reviews but you can check with the LBL/Berkeley (or
funding agency) office on that. I think confidential sharing of your
application and reviews with collaborators or other third parties that
include NDAs is allowed.

An excerpt below but more details also available at this link (which also
pertains to the larger issue being discussed and which I alluded to
earlier):

From: https://grants.nih.gov/grants/guide/notice-files/NOT-OD-22-044.html
"Maintaining security and confidentiality in the NIH peer review process is
essential for safeguarding the exchange of scientific opinions and
evaluations without fear of reprisal; protecting trade secrets or other
proprietary, sensitive and/or confidential information; providing reliable
input to the agency about research projects to support; and safeguarding
the NIH research enterprise against the misappropriation of research and
development to the detriment of national or economic security. In addition,
maintaining integrity in the peer review process is important for
maintaining public trust in science.

This Notice reminds all participants and stakeholders in the NIH peer
review process of federal statutes, regulations, and NIH policies regarding
peer review security and confidentiality; their responsibilities for
abiding by those rules; and possible actions that the NIH (in coordination
with other offices) may take and consequences that may ensue from a
violation of those rules. Participants and stakeholders include but are not
limited to"

Best regards,

Debanu

On Mon, Jun 27, 2022 at 1:13 PM James Holton <jmhol...@lbl.gov> wrote:

> Hey Debanu,
>
> Hmm. Last time I did it I didn't have to go through any IP lawyers to
> upload a pre-print to biorxiv.  What I was thinking of is something similar
> to that.  Researchers, on their own, deciding to upload their applications
> and reviews.  What would be the motivation? Well, I imagine it is not an
> uncommon situation where you might want help from more than just the
> reviewers on how to revise your application. I know I always try to get all
> the help I can get.
>
> Might even be able to use biorxiv to do it?  Or am I missing something?
>
> -James Holton
> MAD Scientist
>
>
> On 6/27/2022 12:16 PM, Debanu Das wrote:
>
> Thinking about it some more, I think all the materials (patentable IP or
> trade secrets, which in the US are IP and under Defense of Trade Secrets
> Act) of a researcher are owned by the university. So just getting across
> tech transfer/IP of individual univs would be a massive hurdle before
> thinking of being able to upload grants proposals for sharing.
>
> And funding agencies would first also have to negotiate (and convince)
> with all univs to allow it, even if somehow taxpayers and funding agencies
> could be first convinced about the need or value in doing this. In fact, in
> that scenario, there would actually be no need for a new system to share
> proposals. All funding agencies just have to open up a portal to access
> submitted grants (and I'm quite sure the agencies already have massive
> security around hacking attempts to access all this material).
>
> Cheers,
> Debanu
>
> On Mon, Jun 27, 2022 at 11:58 AM Debanu Das <debanu....@gmail.com> wrote:
>
>> Dear John,
>>
>> For sure it is an aspiration as a society and as a civilization: to think
>> beyond individual nations. And for that we have some examples as you
>> mentioned at the scientific (IUCr, PDB) and political level (UN). We also
>> have the EU, ASEAN, NATO, etc.
>>
>> However, despite having these organizations, I think even within most of
>> them, for critical strategic information that dictates competitiveness and
>> preparation, sharing is restricted to within the group (at least for the
>> political ones). For that matter, even individual agencies within countries
>> often have restrictions in data and materials sharing.
>>
>> I think if we solve the issue of national competitiveness, social
>> inequality, etc first, we will not even have to discuss if there could be
>> issues openly and globally sharing grant proposals. I guess the counter
>> proposal could be made that maybe more sharing of more information will
>> eventually lead to equity everywhere (which to some extent is reflected in
>> the open sharing of publications).
>>
>> But for now, I think there are practicality hurdles to cross on these,
>> which is why I mentioned "workable" in my initial response. Just in the
>> last few years, we have seen examples of more and more focus on IP theft,
>> computer hacking to steal research data from organizations and companies,
>> more focus on ensuring confidentiality of the peer review process, and
>> computer security to avoid leaks of material, and so on.
>>
>> Not trying to be cynical here, I think it is great for us as a community
>> to always have an eye on a larger and nobler purpose while working within
>> current practicalities and frameworks.
>>
>> Thank you.
>>
>> Best regards,
>> Debanu
>>
>> On Mon, Jun 27, 2022 at 11:18 AM John R Helliwell <jrhelliw...@gmail.com>
>> wrote:
>>
>>> Dear Debanu,
>>> There is indeed much at stake here.
>>> Would I do it now, share my proposals, No.
>>> Would I do it if funders’ rules required it. Yes.
>>> When might funders’ rules require it eg when Tax payers insist that the
>>> priority is achieving societal goals asap. Might that happen in the
>>> foreseeable future? I don’t think so because we are as scientists good at
>>> thinking so far out of the box, such as the internet, or from the 19the
>>> century electricity and magnetism, the tax payer sees the benefit of an
>>> individual’s curiosity driven research.
>>> The bigger point is can we also think beyond individual nations?
>>> We know we can: the UN, International Council for Science, IUCr……
>>> So, it probably isn’t a one size fits all idea that James has put
>>> forward…
>>> Best wishes,
>>> John
>>>
>>>
>>>
>>> Emeritus Professor John R Helliwell DSc
>>>
>>>
>>>
>>>
>>> On 27 Jun 2022, at 19:03, Debanu Das <debanu....@gmail.com> wrote:
>>>
>>> 
>>> >So, 2nd question is: would you do it? Would you upload your application
>>> >into the public domain for all to see? What about the reviewer
>>> comments?
>>> >If not, why not?  Afraid people will steal your ideas? Well, once
>>> >something is public, its pretty clear who got the idea first.
>>>
>>> I do not think this ("upload your application into the public domain for
>>> all to see") is a workable or desirable idea for a variety of reasons.
>>> There are far greater issues that just about getting credit for your ideas.
>>> Which is somewhat of an academic and personal pursuit.
>>>
>>> For one, the entire R&D paradigm and programs and IP of entire nations
>>> (which seems primarily would be the US and potentially some EU countries
>>> under this case who if at all choose to sign up for this), universities,
>>> companies (business grants) and funding agencies will wreak havoc (~30-40%
>>> of US GDP). We already know there is a lopsided distribution of which
>>> countries taxpayers are funding major IP & innovation. So there are major
>>> economic, political, social and national competitiveness aspects at stake.
>>> I doubt that even NSF, DoD, DOE, NIH/HHS or any other government funding
>>> agency will support such initiatives. Transparency and openness in
>>> publishing research is a different ball game, even though there too there
>>> are lopsided effects at the end in many cases, but overall good for world
>>> progress, hopefully.
>>>
>>> Best,
>>> Debanu
>>>
>>> On Wed, Jun 22, 2022 at 6:09 PM James Holton <jmhol...@lbl.gov> wrote:
>>>
>>>> Greetings all,
>>>>
>>>> I'd like to ask a question that I expect might generate some spirited
>>>> discussion.
>>>>
>>>> We have seen recently a groundswell of support for openness and
>>>> transparency in peer review. Not only are pre-prints popular, but we
>>>> are
>>>> also seeing reviewer comments getting published along with the papers
>>>> themselves. Sometimes even signed by the reviewers, who would have
>>>> traditionally remained anonymous.
>>>>
>>>> My question is: why don't we also do this for grant proposals?
>>>>
>>>> I know this is not the norm. However, after thinking about it, why
>>>> wouldn't we want the process of how funding is awarded in science to be
>>>> at least as transparent as the process of publishing the results? Not
>>>> that the current process isn't transparent, but it could be more so.
>>>> What if applications, and their reviewer comments, were made public?
>>>> Perhaps after an embargo period?  There could be great benefits here.
>>>> New investigators especially, would have a much clearer picture of
>>>> format, audience, context and convention. I expect unsuccessful
>>>> applications might be even more valuable than successful ones. And yet,
>>>> in reality, those old proposals and especially the comments almost
>>>> never
>>>> see the light of day. Monumental amounts of work goes into them, on
>>>> both
>>>> sides, but then get tucked away into the darkest corners of our hard
>>>> drives.
>>>>
>>>> So, 2nd question is: would you do it? Would you upload your application
>>>> into the public domain for all to see? What about the reviewer
>>>> comments?
>>>> If not, why not?  Afraid people will steal your ideas? Well, once
>>>> something is public, its pretty clear who got the idea first.
>>>>
>>>> 3rd question: what if the service were semi-private? and you got to get
>>>> comments on your proposal before submitting it to your funding agency?
>>>> Would that be helpful? What if in exchange for that service you had to
>>>> review 2-3 other applications?  Would that be worth it?
>>>>
>>>> Or, perhaps, I'm being far too naiive about all this. For all I know
>>>> there are some rules against doing this I'm not aware of.  Either way,
>>>> I'm interested in what this community thinks. Please share your views!
>>>> On- or off-list is fine.
>>>>
>>>> -James Holton
>>>> MAD Scientist
>>>>
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