Industry Sponsored Contracts
Since state-of-the-art research is by nature unpredictable and without guarantee of success, we conduct research on a reasonable efforts basis. Every effort is made to organize research projects in a manner sensitive to the differing time constraints of sponsors in accordance with applicable regulations, but the University cannot accept contract provisions which impose penalties for failure to make progress or provide for withholding payment if the sponsor is not satisfied with results.
Penn State University does not knowingly enter into agreements that involve commitments and obligations which are in conflict with those accepted under other agreements. Special procedures for dealing with actual or potential conflicts may, in appropriate cases, be included in the body of the agreement. Penn State University does not accept blanket provisions precluding the principal investigator or the University from performing research for other sponsors in related areas.
In an effort to fulfill its educational mission, Penn State University must disseminate research results on a non-discriminatory basis. The University cannot undertake studies in which the results cannot be freely published. The University does recognize that there may be times when a sponsor may need to protect proprietary information. When the University agrees to accept a sponsor's proprietary information for use in a research project, publication can be deferred, on a case-by-case basis, for a limited period of time to allow for sponsor review and comment. The Office of Research Affairs, in conjunction with the advice of legal counsel and the Controller's Office, will make a determination in such circumstances. All sponsors cooperating in research projects with Penn State University understand that the basic objective of academic research is the generation of new knowledge and its expeditious dissemination; therefore, in review of any publication, the sponsor shall provide all reasonable cooperation in meeting this objective. Penn State gives sponsors the option of receiving an acknowledgement in any publication for its sponsorship of the research.
In general, Penn State University owns any invention or other intellectual property generated by its faculty, staff, and students resulting from externally funded projects. The College of Medicine Office responsible for oversight and assistance with intellectual property and technical development is theOffice of Technology Development. The Office of Technology Development works in conjunction with the Technology Transfer Office and Intellectual Property Office at University Park to make determinations in regard to patent rights and intellectual property issues as set forth by those funding sources which contributed to the making of that invention.