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Options for Upfront Rights to Project IP in Sponsored Research
Ohio State strives to accelerate collaborative research relationships with industry. Technology Access Fee (TAF) options for IP in sponsored research agreements is a key component of our flexible and transparent approach to sponsored research contracting. Under the Ohio State TAF offerings, a company can receive known, upfront rights to Project intellectual property resulting from company-sponsored research (Project IP). This provides transparency and reduces the risks for companies when investing in external research.
Upfront Rights
In traditional industry-sponsored research arrangements with universities, commercial licensing arrangements for project IP are often determined after the IP is created. This traditional approach remains available, however, Ohio State has expanded its IP offerings in sponsored research agreements to include TAF options. These options offer the sponsor (company) the ability to lock in certain IP terms at a fixed cost before the onset of a research project. The TAF is a fixed percentage of the total research project budget, determined before the onset of a research project, and paid upon execution of a research agreement.
- Ohio State’s updated standard sponsored research agreement provides company partners with the following three options for handling project IP:
- the traditional option to negotiate a license to project IP on commercially reasonable terms;
- a non-exclusive, royalty-free license to project IP upon payment of an upfront Technology Access Fee that is an additional 10% of the full cost of the sponsored research project ($6,000 minimum); or
- an assignment of Project IP rights upon payment of a Technology Access Fee that is an additional 25% of the full cost of the sponsored research project ($15,000 minimum).
- The TAF options are available for both single-project and master sponsored research agreements. In master sponsored research agreements, company partners can decide, on a project-by-project basis, whether to elect one of the TAF options or the traditional licensing option.
- Company must pay the full project cost reimbursement rate.
- No field-of-use limitations are imposed on the IP rights conveyed under the TAF Options.
- Ohio State retains a royalty-free right to use project IP for research, public service, internal (including clinical) or educational purposes, and the right to grant the same limited rights to other non-profit research institutions.
- This offering excludes agreements:
- incorporating the use of federal or state funds by the company partner;
- including subcontracts to other entities;
- involving clinical trials or health sciences,
- receiving funding through philanthropic grant programs, or
- involving rights to background intellectual property owned or controlled by Ohio State.
- Ohio State distributes a generous portion of the TAF directly to the PI and project team supporting the research partnership.
View our standard industry sponsored research agreement that incorporates the TAF options. If you have additional questions about intellectual property, please contact Kevin Taylor, associate vice president of technology commercialization, by email or at 614-292-1315.