Collaborative Research Agreement Sample
The first part of the cooperation agreement is commonly referred to as a declaration of objectives. This explains the overall attitude of the agreement. It describes what the parties want to achieve together and why cooperation is important. Normally, inventiveness is determined when the patent lawyer speaks to researchers. When a patent is applied for in the United States, it is important to ensure that only the true inventors (researchers who make creative and intellectual contributions to discovery) are included in the patent application. If a person who is not an inventor is mentioned as an inventor in the patent application, it prevents the issuance of a legitimate U.S. patent. The aim of writing a collaborative research agreement is to clarify for both sides what they are trying to achieve together and to clearly define the rules governing cooperation. A good partnership must be beneficial to both parties and an effective cooperation agreement will help both sides understand and accept mutual benefits as an objective. Of course, it is not simply the fact that an agreement is beneficial to both parties. An effective agreement must be based on a real win-win relationship that is truly beneficial to both parties. First, the concept of a collaborative research project must include a research project that benefits both sides from the basic work. Similarly, it is important to indicate the exclusivity of the license.
Is the license (or license option) an exclusive license or a non-exclusive license? Is the license exclusive by country or region? Is the license limited by culture? By product? In time? Or is the license more general? Most companies (and many other employees) will want some kind of exclusivity in their license (or option on a license). It may be reasonable for such a cooperation partner to have an exclusive right for a specified period of time, for a well-defined area of intervention, or for a territory or combination of these partners. Most organizations are reluctant to bring their resources to an agreement if the organization does not have an exclusive license, since its competitors can also apply for a license. Collaborative research agreements can be of great benefit to both partners. No company ever has sufficient sanitation capacity, resources and intellectual capacity to conduct all the research it wishes to undertake. Partnerships can be effective and cost-effective access to resources. In addition, collaborative research agreements are often the first step towards creating longer-term partnerships. They can also be effective technology transfer tools.
The benefits are much more than the monetary value. Taking the time to rethink and discuss the terms of the collaborative research agreement helps foster communication between partners and put the project on a path to success. Good partnerships foster creativity and help innovation serve the common good. Harvard OTD establishes dozens of successful collaborations between scientists and industry partners each year. For both approaches, the cooperation agreement should provide a time frame within which the party obtaining the option of a licence must decide whether to execute its option and acquire a license. The option grant should not be closed. This allows you to search for another licensee if the cooperating party does not wish to develop and market the new IP/TP. The budget for a collaborative research convention should be absolutely clear as a research budget and be totally independent of all kinds of licensing revenues. The budget should also indicate when the payments will be made and clearly indicate when the in-kind funds will be made available. In truly collaborative research, the list of materials may need to be changed regularly.