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Corporate-Sponsored Research Agreements With Universities

By Michael C. Lee

Corporate-sponsored research plays a crucial role in performing foundational research in new technology areas. These research projects are also mutually beneficial. Corporate sponsors (Sponsors) receive a cost-effective opportunity to explore new technology areas with leading academics and talented students. In turn, universities benefit from Sponsors providing research funding and industry expertise.

Sponsors, however, need to be aware of IP risks that may arise when sponsoring university research. University researchers often do most, if not all, of the research and are therefore the sole authors and inventors on any IP that is created. This typically means that the university owns the resulting IP. Sponsors that fail to secure IP rights before the start of a research project may find that they cannot use the research results without paying substantial royalties to the university. Indeed, universities have increasingly sought to monetize their IP portfolios through licensing programs, and in some cases, litigation. Sponsors can mitigate this risk by negotiating research agreements that provide IP rights upfront. This article identifies the IP rights that Sponsors should seek to secure in research agreements and discusses strategies that Sponsors can use to convince universities to provide these rights upfront.

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