Corporate Partnerships and Intellectual Property Presented by the Office of University Advancement and the Office of Sponsored Programs

Historical Role of Corporate Donor vs. the Paradigm of Corporate Investor With receding economics, global competition, increased financial accountability and public scrutiny, corporations are handling philanthropic dollars in a strategic way rather than on an ad-hoc basis. Corporations have moved from the role of donor to that of investor seeking long-term strategic business relationships with academia. Corporations are seeking more accountability when giving measurable results and more productive forms of recognition. source: Five Essential Elements of a Successful Twenty-First Century University Corporate Relations Program, White Paper presented at the NACRO Conference, August 1-2, 2011.

Corporate Investors Seek Holistic Value through a Comprehensive Academic-Industry Approach A. Over the last 4 years corporations have been decreasing the number of universities with which they are working. B. Companies have even begun to establish academic relationships with foreign universities due to their interest in global growth, abundant R&D personnel, and more favorable intellectual property terms. C. Fewer corporate resources are now available to U.S. universities, which have to work harder to attract and build partnerships with corporations. source: Five Essential Elements of a Successful Twenty-First Century University Corporate Relations Program, White Paper presented at the NACRO Conference, August 1-2, 2011.

Example of Process used by Corporation seeking Technology/Partners Companies evaluate universities as prospects for partnership. Their evaluation process might go as follows: Identify Wants: List of technology, products needs and external resources required to meet growth objectives. Find: Identify universities, companies, technology start-up ventures (venture capital opportunities), brokers, government labs, vendors, suppliers, other sources that provide “wants.” Get: Determine deliverables, set plans, and negotiate agreement to access resources. Manage: Ensure that relationship meets targets/goals (includes metrics, alliance management, ongoing interactions). source: Kimberly-Clark University Program, Presented at the NACRO Conference, August 16-17, 2007

Example of Process used by Corporation seeking to Create Partnership with University Once Corporation Identifies Desired University Partner O Develop fully-aligned strategy for university collaborations Current focus = Research Phase II = Align with Recruiting, Philanthropy, Licensing O Deliver value to the Enterprise Meet business needs Address technology gaps and accelerate development O Strengthen communication/coordination, both internally and with partners. O Manage strategic university relationships as a partnership to ensure full value is attained. As a company builds trust with the University and the relationship deepens, more engagement opportunities arise. source: Kimberly-Clark University Program, Presented at the NACRO Conference, August 16-17, 2007

Awareness Career Fairs 1 Interviews 1 EDU Account 2 Support Student Consultant 4 Hardware Grants 3,5 Curriculum Dev./ ABET Support & Fundraising 3 Workshops and Seminars 4 Support Contract 3 Student Organizations Sponsorships 3 Philanthropic Support 6 Guest Speaking/Lectures 4 Sponsorship University Initiative Sponsorship 3 Undergraduate Research Program Support 3 Graduate Fellowships 5 Collaborative Research Program Report 5,3 Outreach Programs 6 Support for Proposals for Education (NSF,NASA,etc.) 3,5 BETA Programs 3 Strategic Partner Executive Sponsorship 3,6 Joint Partnership 3,5,6 State Education Lobbying 3 Major Gifts 3,5,6 Business Development 2,5 Levels/Areas of Engagement Activities Phase OnePhase Two Phase Three Phase FourPhase Five Involvement Industry Affiliates/ Advisory Program 3 Research Grants 3 Internship/Co-op Software Grants 3 KEY: 1.Recruiting 2.Education Sales 3.UR Account Managers 4.UR Programs 5.UR Research 6.Other (Philanthropy, Alumni, Executive) sources: Five Essential Elements of a Successful Twenty-First Century University Corporate Relations Program, White Paper presented at the NACRO Conference, August 1-2, 2011.; HP Relationship Continuum, Wayne C. Johnson, Former VP, HP University Relations

One Stop Shopping: Identifying University-Wide Areas of Partnership Philanthropy Recruiting Research Board Service Executive Development source: Five Essential Elements of a Successful Twenty-First Century University Corporate Relations Program, White Paper presented at the NACRO Conference, August 1-2, 2011.

Office of Sponsored Programs (OSP) and Corporate And Foundation Relations (CFR): Who Handles What? A. OSP – Federal and state grants, clinic projects, research collaborations, industry subawards. B. CFR – Foundations, non profits, certain industry partnerships, corporate donors. C. Office of Research - Technology transfer, intellectual property, material transfer agreements.

Tools to Evaluate Corporate/University Partnerships source: Five Essential Elements of a Successful Twenty-First Century University Corporate Relations Program, White Paper presented at the NACRO Conference, August 1-2, 2011.

How this Relates to You Philanthropy Commercialization, IP, Licensing, & Economic Dev. Research Collaborations Board Service Executive Development

Developing a Corporate Partnership O Consulting relationships O Alumni employment relationships O Professional organization contacts O Employers of adjuncts O Conferences & networking events O Collaborations on other research projects O Departmental/college advisory boards

Types of Corporate Partnership Agreements Gift Agreements (CFR) Sponsored Research Agreements (OSP) Contracts Licenses/Intellectual Property Fee-for-Service

Gift Agreements O Usually outlines expectations of the funder, including use of funds for purposes described in the proposal O Often requires written approval for the use of funds that differs from proposed budget and return of unexpended funds O Can require narrative and financial reports on outcomes of project and expended funds

Sponsored Research Agreements (OSP) O Contracts (including Clinic Projects) O Material Transfer Agreements O Subawards from industries contracting with federal, state, or other partners O Licensing Agreements for intellectual property

Fee-For-Service O Available for Standard Services that can be provided to any consumer in the general public. a. Example: Routine laboratory testing b. Fixed Price: sponsor must not request remainder of unexpended funds c. No proprietary data may be involved d. Must not involve human subjects, animals, biosafety issues, recombinant DNA, radioisotopes, or hazardous/toxic substances O No university overhead collected; funds stay within the department. O Department /academic unit is responsible for financial management of the project. O Requires an official agreement; templates are available through OSP.

Intellectual Property O What is Intellectual Property? O Trademarks O Copyrights O Patents O Inventor’s Guide

Rowan’s IP Policy O Ownership O Rowan O Corporate Partner O Sponsored Research (government) O Inventor’s Rights O 50% Royalties to Inventors

Rowan’s IP Process O Invention Disclosure Submitted to OSP O Prior Art Search / Review with Inventor O Review by Intellectual Property Committee O Recommended for Provisional Application O Recommended for Patent Application O Not Recommended for Protection; (rights revert to inventor)

Intellectual Property Developed with Corporate Partners O Must be agreed upon in writing prior to start of any project, usually as a Research Agreement or Memorandum of Understanding (MOA) O Each agreement will be unique to the company and work to be performed O Licensing Intellectual Property 1. Depends on language of Research Agreement 2. Any IP owned by Rowan may be licensed to other companies; terms of agreements are unique to each agreement 3. Exclusive vs. non-exclusive 4. Length of agreement 5. Ability to sub-license O Royalty Distribution 1. Depends on language of Research Agreement 2. None if company is sole owner of IP

Issues in Partnering 1. Publications Depends on Language of Research Agreement Invention must not be disclosed until after protection has been filed New system: first to file (instead of first to invent) 2. Intellectual Property Ownership Joint Ownership Rowan Owns with Exclusive License to Sponsor

Issues in Partnering (con’t) 3. Conflicts of Interest Exist when it can be reasonably determined that an investigator’s personal financial and other concerns could directly and significantly influence the design, implementation or reporting of grants and sponsored projects activities Include immediate family (spouse/partner and dependent children) Require disclosure of any significant financial interests that would appear to be affected by the project such as: 1. Anything of significant monetary value (including salaries or payment for services) 2. Direct equity interests (stocks, options, ownership interests) 3. IP rights owned by investigator Principal investigators are responsible for ensuring that all participants provide any conflict of interest disclosures If conflict of interest exists, Rowan University Disclosure Statement must be completed; reviewed by Disclosure Review Committee

Issues in Partnering (con’t) 4. Consulting Completed outside normal scope of work No money transferred to Rowan No Rowan resources/students used to complete projects No protection for faculty/ staff acting as consultants

Questions? Note: All source material can be found at the NACRO Toolbox webpage: Deanne Farrell, University Advancement Director of Corporate and Foundation Relations x5418 Sarah Piddington, office of Sponsored Programs Director of Technology Transfer x5482 Dr. Shreek Mandayam, Office of Research Associate Vice Provost for Research, x5333 Stephanie Lezotte, Office of Sponsored Programs Pre-Award Contracting Officer x4124