OSU Advantage supports industry collaboration by managing commercial agreements and intellectual property matters that are often central to industry competitiveness. An important priority at OSU is to increase our relationships with industry. Oregon State faculty are recognized experts in their fields, and their research spans from basic research to applied problem-solving that can impact business innovation.
Working with OSU, industry partners get significant benefits:
As a public research institution, OSU is able to leverage its favorable tax status and reputation to generate, low-cost, world class research. To maintain its public research status and integrity, OSU engages in industry contracting with the following principles in tact:
When a company wants to engage OSU in a research contract, we offer two approaches that we have found through experience to be highly beneficial: The “Standard Contracting Model” and the “Alternative IP Model,” both described below.
With the standard contracting model, industry sponsors can:
For some industry sponsored projects, at additional cost, it is possible for industry partners to obtain exclusive patent rights up front, rather than negotiating for them after project completion.
OSU can offer this prepaid exclusive patent option when:
The cost of the prepaid option to the sponsor is:
In addition, when feasible and reasonably needed, OSU can and will:
Certainly! OSU actively encourages sponsors to review manuscripts before they are publicly disclosed to identify any information confidential or proprietary to the company, or any inventions that should be filed for protect before research results are published. Our faculty members work constructively with each of our sponsors to ensure that patents are filed and proprietary information of the sponsor will not be unintentionally disclosed.
Yes of course! Sponsors receive a non-exclusive, royalty-free license to commercially use any inventions conceived or copyrightable items created by OSU during the sponsored research project.
Absolutely! OSU provides industry sponsors an option to negotiate an exclusive license to patentable inventions and copyrightable software conceived or created during the sponsored research project. Note that tax rules and our standard practices for licensing generally preclude OSU from agreeing to royalties in advance, but once the intellectual property is conceived or created, we can begin discussion on specific, exclusive licensing terms and conditions.
OSU generates low-cost, world-class research. Depending on the company need, we've developed two models that provide valuable results for companies at an equitable cost, while staying within the mission of the university.
OSU's standard contracting model is used when a company does not require exclusive rights to the research results - for example, in research that is not expected to produce intellectual property (e.g. patents) or would not directly impact the company's product development strategy.
OSU's alternative model may be more appropriate when research is likely to produce an invention, or the research directly pertains to the sponsor's core business strategy. Due to IRS tax free bonding in many of our buildings and potential future research limitations posed, this model may not be available for all projects. we will work with your company and the OSU research team to find the best fit for your company's needs.
Term, Condition, Fees |
Standard Agreement |
Alternative Agreement |
---|---|---|
Funding / Intent |
Funding is provided by a company directly; Total project indirect costs apply; standard terms apply. | Funding is provided by a company directly; Total project indirect costs apply; standard terms apply, but include the addition of secured intellectual property. |
Proprietary Information Period of Protection |
5 year obligation. | 5 year obligation. |
Definition of IP |
Patents and Software-related Copyrights. | Patents and Software-related Copyrights. |
Project IP (Foreground IP) |
Non-exclusive, royalty free license grant and option to negotiate for an exclusive, field of use patent license at end of project period. | Non-exclusive, royalty free license grant and option to pay up front a 25% fee on top of the total project cost for an exclusive, defined, field of use patent license. |
OSU Background IP |
Provides the right to use for research and development purposes. | Provides the right to use for research and development purposes. |
Publication |
Provides a delay to review publications for company confidential information and to allow sufficient time to file patent applications. | Provides a delay to review publications for company confidential information and to allow sufficient time to file patent applications. |
Total Liability |
Liability cap set as a state entity. | Liability cap set as a state entity. |
Indirect Cost Rate* |
57.50% | 57.50% |
*Indirect costs are not uniquely associated with a particular project but are nonetheless incurred by OSU due to the project. They include costs such as building and facilities operation and maintenance, departmental accounting and clerical support, network support, equipment depreciation, library, general and sponsored projects administration. These costs are budgeted and charged as a percentage of some of the direct cost elements, but not all. As a public university, this rate is set at OSU's actual cost - margins and revenues are not built into OSU's indirect cost rate.