VI. Sponsored Research Agreements
A. Sponsored Research Agreements
- The Sponsored Research Agreement (SRA) is the primary funding instrument used by the University to contract with companies or other non-grant-making entities that wish to sponsor faculty research, clinical or training projects. An SRA must be used in any of the following situations: 1) it is required by a sponsor; 2) confidentiality of project results is desired; 3) Intellectual Property is likely to be created; or 4) students will be paid for work on the project.
- To retain maximum flexibility and effectuate the goals of this Policy, the supervising vice president or senior officer designated by the President shall negotiate SRAs individually. The terms of such agreements shall vary, depending upon the type of the work and the interests of the Sponsor, Principal Investigator and the University. Standard terms for such agreements shall be developed in cooperation with the supervising vice president or senior officer designated by the President and the University’s legal counsel. The supervising vice president or senior officer designated by the President executes SRAs on behalf of the University, unless the monies associated with the SRA exceed $25,000. Where the value of an SRA exceeds $25,000, the Vice President for Business Affairs and the President must execute the SRA in addition to the supervising vice president or senior officer designated by the President.
- An SRA and an Intellectual Property license may be negotiated simultaneously. Each such negotiation is unique. The University shall not be obligated to the Principal Investigator or any other University employee for any amount of Royalties, nor shall such persons be entitled to a portion of sponsored research funds in lieu of Royalties, regardless of the terms of any license or SRA. Inventors and Authors shall, whenever practicable, be advised and consulted on the progress of negotiations, but in no event shall they have a right of approval to the legal or payment terms of any agreement.
B. Duty to Disclose on Federal Grants
- All persons subject to this Policy shall promptly disclose their SRA in the prescribed form, signed by the Principal Investigator and submitted to the supervising vice president or senior officer designated by the President.
- The federal government retains Intellectual Property rights to Inventions created and reduced to practice under federal grants pursuant to 37 C.F.R. Part 401. The University must report all such Inventions to the funding agency and elect to file for a Patent within a reasonable period of time (i.e., one year prior to any statutory bar date). If the University elects not to file for a Patent, it must so inform the funding agency, which then has the right to take title to the Invention. Authors and Inventors must report all Inventions on an Invention Disclosure and provide a copy to the Office of Sponsored Programs and Professional Services for submission to the sponsoring agency.
- Authors and Inventors whose inventive work has been conducted under federal grants should be aware that the federal government retains a perpetual, non-exclusive license to, but not ownership of, all research results, Intellectual Property.