Intellectual Property
Why can't SPO agree to outright licensing of inventions?
It is not in SPO's signature delegation. We must consult with OTL, make sure there is no pre-pricing language and fair consideration.
See UC Principles Regarding Rights to Future Research Results
What are our signature delegation limits in terms of budget amounts?
10mil in Direct Costs per year of Federal or State of CA sponsors, 5mil in Direct Costs per year for other sponsors.
True or False? Not all university operations or activities meet the fundamental research exemption.
TRUE
When will NIH adopt the usage of the Common Forms?
May 25, 2025.
What is the current IDC rate for State of CA proposals for on-campus projects?
35% of Modified Total Direct Costs
Which office should review an IP Management Plan?
Industry Alliances Office (IAO)
Name two UC Principles Regarding Rights to Future Research Results.
1. Open Dissemination of Research Results and Information
2. Commitment to Students
3. Accessibility for Research Purposes
4. Public Benefit
5. Informed Participation
6. Legal Integrity and Consistency
7. Fair Consideration for University Research Results
8. Objective Decision-Making
Name 3 countries of concern identified in President Drake's Letter regarding international engagements.
Qatar, Saudi Arabia, United Arab Emirates, the People's Republic of China (including Hong Kong and Macau), the Democratic People's Republic of Korea (North
Korea), the Russian Federation, and the Islamic Republic of Iran
If you submit a proposal to NIH before May 25, 2025, but the intended due date is after May 25, 2025, do you have to use Common Forms?
YES
Who must submit the VCR (Late) Proposal Approval Request Form for a proposal?
The dean/chair/head of the PI's submitting unit.
When a PI signs the UC Patent Acknowledgement, who owns the IP developed in the performance of their UC duties?
Normally UC, but in rare cases it can be jointly owned under a sponsored project.
When is a citizenship restriction acceptable in an award?
Allowed in cases where discrimination on the basis of citizenship is specifically mandated by law (e.g. select agents) or
when the restriction is for fellowship or training support for graduate and undergraduate students and early career researchers (Work force development).
What does an individual certify to at the bottom of the Common Forms?
The information provided is current, accurate, and complete & they are not a party to a malign foreign talent recruitment program.
Is cost sharing allowable on NSF proposals?
Yes, only if the solicitation has mandatory cost share requirement. Otherwise voluntary cost share is disallowed
Are you required to use the California Model Agreement template when the proposal is in response to an RFP?
NO if the RFP requires a different proposal format for submission.
Why does granting rights to Background IP have the potential for creating conflicting legal obligations?
Background IP may already be licensed or obligated to a third party, such as a different sponsor who funded the creation of the Background IP.
Name 2 key components of an ideal indemnification language.
Proportional to UC's action/inaction, directly resulted from UC's action/inaction, mutual
What presidential memorandum requires all Federal research funding agencies to strengthen and standardize disclosure requirements for Federally funded awards?
NSPM-33 (National Security Presidential Memorandum-33)
On what date will NSF stop using RTC on new awards?
October 1, 2024
If a State of CA Agency issues an RFP with IDC rate of 15%, what type of IDC waiver would you submit in REMS: Sponsor Policy Exception, Campus Determination or Special Approval Exception?
Sponsor Policy Exception
Name one reason why future granting rights to inventions conceived or reduced to practice in the performance of an agreement a problem.
Many research projects are funded by multiple sponsors, including government grants and private industry, and there can be significant time lapses between the conception of an idea and its reduction to practice.
If an invention is conceived during a project funded by one sponsor but developed further with another, it can lead to disputes over ownership.
Why is publication restriction such a big issue for the UC?
1) It jeopardizes fundamental research exclusion
2) may impact student's ability to graduate
3) it goes against UC's fundamental principle of broad dissemination of knowledge.
Name ONE University activity that would not be exempt under the Fundamental Research Exclusion (FRE).
Transfer of proprietary information related to controlled items or technology,
Transfer of ITAR-controlled items (particularly if UC receives ITAR items or technical data),
Sales and service agreements related to controlled items or technology,
Physical exports outside the U.S. of hardware, software, or technology,
Engagements and transactions with restricted parties or entities that are not covered by the FRE, Defense services, Restricted end uses, or
Transactions involving embargoed or sanctioned parties/countries.
On a award from Caltrans, which date should you use as the project start date?
DGS approval date
What is the name of the template agreement that UCB must use for all Marie Curie fellowships?
International Alliance of Research Universities (IARU) template