What rights to IP developed as part of a research project are available to the industry sponsor?
NDSU has four different IP options available for industry sponsored research:
- The Traditional option includes intellectual property (IP) terms that are consistent with federal policy and prevailing higher education practices. This model provides sponsors with an option period to assess any technology that is developed in the performance of the research and the right to negotiate an exclusive license to commercialize the technology.
- Non-Exclusive Royalty Free options provides the sponsor with either a
- Commercial, non-exclusive, royalty-free license in a defined field of use for any invention that is conceived and reduced to practice in the performance of the research with an option to extend the non-exclusive license at commercially reasonable rates after the initial term (Assessment NERF)
- Commercial, non-exclusive, royalty-free license in a defined field of use for any invention that is conceived and reduced to practice in the performance of the research with an option to convert the original non-exclusive license to an exclusive, royalty-bearing license within six months from its receipt of the initial invention disclosure (Option NERF)
- Advance License option provides the sponsor with the right to an exclusive, commercial license in a defined field of use for any invention that is conceived and reduced to practice in the performance of the research. The Advance License is royalty-free until annual net sales reach $20M, at which time a royalty rate of 1% of net sales will commence and be payable on an annual basis thereafter.
Additional information about the models and a sample agreement can be found on Engaging in Research. The PI has the right to determine which model(s) may be appropriate for a given research project.