Direct licensing is not appropriate for a research agreement. Yes. Due to the fact that U-M research contracts are subject to revisions and updates, templates must be downloaded directly from the website before being shared. To avoid possible processing delays, the PSRA strongly recommends that all research faculties and staff bookmark the Standard Agreements and Templates page and return frequently to download new agreements or check for updates. While many research staff prefer to negotiate their own model agreements, some sponsors do not have model agreements and prefer to use the university`s model agreements. Proponents may also be willing to sign an academic agreement if there is an urgent need to enter into an agreement prior to a scheduled meeting. The University`s submission also includes language that ensures that sponsor`s confidential disclosures are protected by Safe Harbor legal regulations to minimize the risk of unintentional disclosures enforced by Michigan Freedom of Information Act requests. The PSRA will continue to review and negotiate agreements provided by proponents. If a sponsor wishes to use their own template, the project team must request an editable version of the draft contract and upload it to UFA.
Once the UFA has been forwarded to the PSRA, the designated project representative reviews the agreement and sends a revised version of the agreement to the proponent`s representative using the contact information provided by the project team. The Industry Engagement Office (IOE) facilitates the negotiation of LRAs funded exclusively by for-profit private sector promoters. The Sponsored Projects Office is responsible for negotiating RAS when a portion of the funding in support of the research project is received from a non-agency, foundation or organization or alliance. Β state or federal state. Scroll down to the References and Resources section to find downloadable agreement templates. OrSP is currently testing the use of model agreements using non-disclosure agreements. However, the PSRA is working with the Office of the Advocate General to increase the number of sponsored research agreements that can be made available to sponsors for review and signature, and will make them available on its website on an ongoing basis. In the meantime, project teams should continue to request the PSRA to provide the proponent with its standard conditions for review and negotiation.
Download the agreement templates from the ORSP website (please do not save and reuse them as they may change; we want you to have the latest version). The project team may include any additional information requested in parentheses throughout the contract text (e.g. B, name of sponsor, description of information to be disclosed, etc.). Once completed, the project team can email the template to the sponsor for signature. Once the Sponsor`s authorized representative has signed and returned the unamended Agreement, a scanned PDF file must be uploaded to a new UFA file and transmitted to ORSP via eRPM. BEST PRACTICES NOTE: To avoid change delays caused by sharing previously saved and obsolete versions of U-M agreements, be sure to download and share only the current versions of approved templates on this page. To reduce the administrative steps involved in contract negotiation, ORSP provides standard agreements and U-M templates on this page. Download these approved agreement templates and share them with potential research collaborators. The university`s standard one-way non-disclosure agreement (NDA) can be used when a potential sponsor wishes to share their confidential or proprietary business information with the university to discuss a possible research relationship. External employees who choose to sign an unchanged copy of the university`s available template will experience much faster processing times. ORSP will be able to process the agreement for U-M signing and return a fully signed agreement immediately, as there is no need to review the terms and conditions or negotiate changes with the sponsor. A sponsor may agree to use the university`s standard SRA (Cost Rebursable) or a university standard SRA (fixed price).
In other cases, the parties may find it advantageous to develop negotiated key terms. However, the university, as the state authority of Texas, has certain restrictions on the applicability of certain contractual terms. Interested parties can learn more about university-sponsored research by reading the Principles and Policies Guide for Sponsored Activities. Principal investigators and potential private sponsors can contact the OIE for more information on research projects funded at the university. A Sponsored Research Agreement (AEOI) is a contract between the University and a sponsor for the purpose of funding and conducting research at the University. An SRA can be funded by a for-profit organization (for example. B, private sector) or non-profit (federal or state government, foundations, etc.). Sponsors are supported.
You must make the right to exercise the option conditional upon payment by the sponsor of all patent fees (past, present and future) associated with the protection of the invention in question. See clauses 1.2; 2.5; 4.3; 5.5; 9.3. Insert the time limits indicated in section 1.1; 2.4; 3.2; 4.3; 5.3; 7; 8.2; 9.3. Does the license option set deadlines for exercising the option and deadlines for negotiating the terms of the license? The following examples of clauses for this checklist can be found here: Intellectual Property Rights Clauses. U.S. patent law says that if we invent it, we own it, if they invent it, they own it, and if we invent it together — that is, if a university employee and an employee of the promoter were inventors under U.S. patent law — then we would own it together. You should answer YES, even if the clause does not fully cover all possibilities, as long as it does not contradict the above scenario. Sponsored research agreements generally contain conditions that govern areas such as: The clause is acceptable as it is in this regard. Leave him alone.
The clinical trial NDA should be used when a potential investigator wishes to have preliminary discussions or review a sponsor`s protocol to determine whether they wish to participate in an industry-sponsored drug or device study. Use this checklist to analyze the intellectual property rights clauses offered by the promoter. identify any problems contained in the clauses; and determine the editorial changes necessary to adapt the clauses to the intellectual property requirements of the Regent Rules and Regulations. Since no two transactions are the same, the best language for one transaction may not be the same as for another transaction. If in doubt, please contact the Office of the Advocate General if you have any questions. We can only offer one option to negotiate a license or a right of first refusal to negotiate a license. In addition, the license must be paid for and, in most cases, exclusive. See clauses 1.1; 2.4; 3.2; 4.3; 5.3; 7; 8.2; 9.3. Ensure that deadlines are reasonable. Periods in the range of 60 to 180 days are typical both for an option exercise period and for the negotiation of a license.
In both cases, longer time frames are acceptable on a case-by-case basis, and for good reason. use section 10 if the proponent agrees to the clause as is; or, if the Sponsor`s clause is substantially the same as ours; or, if you are able to change the promoter clause to make it essentially the same. For example, by including the critical elements of our clauses (highlighted in the clause). You can offer the sponsor one of clauses 1 to 9 (article 5 is probably the most comprehensive). If the sponsor accepts any of these clauses as is, you have finished analyzing your intellectual property rights clause. .