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Agreement Options

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SCU offers a variety of agreement options to best align with the needs of the partnership. We have several different agreement types as well as an adaptable framework for use and ownership of intellectual property.

Partnership Structures

Formal collaborations typically require agreements. Different agreement types involve options to specify detailed work plans (or not), to include formal deliverables (or not), and to allow licensing or purchase of intellectual property (or not), and more. We offer a range of agreement templates but can be flexible in structuring such partnerships based on the needs of our partners.

Type of Agreement Scope of Agreement Performance Requirements Access to Reports and Open Source Products Additional Formal Deliverables Indirect Costs / IP Options
Gift Broad None Yes No No / No
Grant Specific Best Efforts Yes No Yes / No
Contract Specific As Specified Yes Yes Yes / Yes

 

Different types of agreements provide different options regarding the definition of a scope of work, the nature and quality of any allowable deliverables, and whether project budgets include indirect costs and possible fees for IP, etc.

Typical agreements and their defining parameters include:

  • Gifts: Gifts are philanthropic donations to the university and can be broadly directed to support specific programs or projects. Donors may not prescribe specific tasks to be performed, and no significant deliverables can be required, such as functional prototypes or intellectual property. Donors may receive copies of reports and be invited to project presentations; they may also receive and use any open source work product generated by the program (which might include designs, software, data sets, etc.) on a non-exclusive and non-commercial basis. Funds provided as gifts are generally not subject to indirect cost (overhead) charges, and gifts include no provision for IP.
  • Grants: Grants may prescribe specific work plans, but they allow significant flexibility and autonomy to the grantee. The accomplishment of stated tasks are performed on a “best efforts” basis. Grants do not involve the delivery of explicit tangible or intangible assets, however sponsors are entitled to periodic reports (e.g., progress, financial) and may be invited to formal project presentations/reviews. They may also access any open source work product generated by the program (which might include designs, software, data sets, etc.) on a non-exclusive and non-commercial basis. Funds provided as grants are generally subject to indirect cost (overhead) charges, and grants include no provision for IP.
  • Contracts: Contracts prescribe specific work plans and formal deliverables, which may include tangible (e.g., systems, software, data) and intangible (e.g., IP) assets. The specific nature and performance of deliverables must be detailed to allow formal verification that contractual requirements are met. Funds provided as contracts are  subject to indirect cost (overhead) charges and may include fees for IP licensing or ownership.
  • Memoranda Of Understanding: SCU generally uses MOU agreements to formalize collaborative frameworks vs specific activities. For example, such MOUs may explicitly state a mutual desire to collaborate on a topic without establishing the exchange of explicit resources (which may be later formalized through an addendum or a different type of agreement).
  • Other Agreement Frameworks: Additional forms of agreements may include Vendor Service Agreements, Cooperative Agreements, Consortium Agreements, Master Research Agreements, etc.
  • Industrial Proprietary Work: SCU is able to conduct work that protects the intellectual assets of its partners via agreements such as Non-Disclosure Agreements (NDAs) and Data Protection Agreements. Such work is structured to include appropriate protections and security protocols regarding access to physical facilities, computing systems, data, etc.
  • Government Sensitive Work: SCU does not conduct classified work for the government; individual faculty may perform such work as independent contractors. Under proper controls, SCU may conduct projects involving technology and/or information regulated through or designated as ITAR, EAR, and/or CUI. Such work is structured to include appropriate protections and security protocols regarding access to physical facilities, computing systems, data, wireless transmissions, etc.

Intellectual Property

While the university owns tangible (functional systems and software) and intangible (intellectual property) assets generated through government funded programs, industry sponsors are often interested in licensing or fully owning such assets. Through our contracting agreements, we offer a flexible range of options for the use and ownership of intellectual property.

Use and ownership of intellectual property options include:

  • Shared Ownership: This is the standard option in which any IP developed jointly as part of a project is jointly owned by the organization(s) of the inventors based on the contribution of each inventor.
  • Up Front Purchase: These options allow a sponsor to purchase a license (with varying scope and duration) or ownership of any IP generated during a project, prior to the start of the project. These options offer immediate acquisition of any generated IP with reduced financial uncertainty.
  • Technology Licensing: SCU has a modest but valuable portfolio of patented technology. Opportunities exist for licensing, commercialization, and investing in extended development of these technologies.