Foundation Supported Research

A Proposal for New Principles and Agreement Terms for Management of Intellectual Property Arising from Research Institution Programs Supported by Disease Foundations

The interests of universities, research hospitals, and non-profit research institutes are completely aligned with those of the disease foundations, non-profit societies and associations in their desire to develop intellectual property (IP) from the supported research into therapies for patients.

As experienced technology licensing officers, we understand the Foundations' desire to exercise good stewardship of the IP arising from their funding. However, some of the required licensing terms may, in practice, actually discourage industry's investment in the development of the IP, thus essentially preventing the therapies from reaching the patient.

These terms, often included as non-negotiable considerations under many Foundation awards, may in some cases discourage or even prevent commercialization. Joint strategy discussions both before and during commercialization efforts, rather than fixed non-negotiable terms, can be a more productive approach to bringing the strengths of all parties to bear on moving inventions toward patient treatments.

A proposal has been developed that strikes a compromise intended to assure diligence in the development of Foundation-supported IP while attracting investment in such development by venture investors and established pharmaceutical companies. Download the proposal.