Oregon State University has prepared this guide as a summary of selected fundamental principles and policies, which govern the manner in which research is conducted at the university and to facilitate and expedite the negotiation of research agreements between the university and sponsors.

Legal Identity

Oregon State University is an agency of the State of Oregon and a component institution of the Oregon University System. All research agreements and related contractual agreements such as visiting scientist agreements, nondisclosure agreements, material transfer agreements, etc. must be executed by an authorized official of the university and in the university's legal name: "State of Oregon acting by and through the State Board of Higher Education on behalf of Oregon State University." Individuals, departments or organized research units may not directly enter into sponsored research agreements or legally bind the university.

Selected Principles and Policies
Governing Research at Oregon State University

Purpose

Routine tasks of a commonplace type that do not contribute to the advancement of knowledge or the university's mission will not be undertaken. The university will not place its facilities or services in competition with services performed by the private sector. Therefore, tests, studies, and investigations of a purely commercial character are undertaken only when university facilities are unique for those services and no satisfactory facilities for such services exist elsewhere or are not reasonably available to the sponsor.

Publication Policy

The university retains the right to publish and disseminate all work done under sponsored research projects and cannot accept or undertake any sponsored project that provides for sponsor approval or undue control over the timing or content of university publications, or which prohibits the publication of the results of the project, except with limited restrictions.

Patents and Other Intellectual Property

Title to inventions and discoveries, including copyrightable software, made, or conceived by university employees under a sponsored project is retained by the university. The university will grant to the sponsor a time-limited first right to negotiate an exclusive or nonexclusive royalty-bearing license, whose terms will include the requirement that the sponsor shall bear the expense of securing and maintaining patent protection for any licensed invention or discovery. Two exceptions to this policy would be: 1) federally funded research which would be governed by appropriate federal regulations regarding data rights and patent rights and 2) research sponsored by nonprofit organizations, universities, or state agencies in which the university would normally grant the sponsor a nonexclusive royalty free license to use such inventions and discoveries for internal purposes only. As a State of Oregon educational institution, the university is unable to enter into "works-for-hire" agreements in which the results of the research activities are owned by the sponsor.

Best-Efforts Nature of Research

Because research results are unpredictable, the university performs its research activities on a "best efforts basis"with no stated warranties or guarantees. The university will not accept contract provisions that require a warranty or guarantee of the results, provide for penalties due to failure to make progress by firm deadlines, or provide for withholding of payment if the sponsor is not satisfied with the results.

Use of the University's Name

It is a long-standing university policy that under no circumstances shall a sponsor be permitted to use its name in any publication or other published announcement to state or imply that the university approves or endorses any product or service of the sponsor. The university also requires that its name not be used in connection with any advertisement, press release, or other form of business promotion or publicity, or refer to a research agreement, without its prior written approval.

Insurance and Indemnification

Oregon State University, as an agency of the State of Oregon, is self-insured for general liability and worker's compensation insurance. The Oregon Tort Claims Act provides for remedies against the state for claimants in these areas. The university, to the extent permitted by the constitution and laws of the State of Oregon, will agree to indemnify the research sponsor for the university's own negligent acts or omissions in the performance of the research project. The sponsor will be expected to indemnify the university and the Oregon University System from any liability arising out of the activities carried out pursuant to the obligations of the sponsored program and for the sponsor's use of the research results obtained from the activities performed by the university under the sponsored program.

Termination

In the event a funding agreement is terminated for any reason, the sponsor will be expected to reimburse the university for all costs incurred to the date of termination and for all non-cancellable obligations.

Governing Law

As an agency and institution of the State of Oregon, Oregon State University cannot accept a provisions that provides that the agreement is governed by the laws of another state.

Process to Obtain Sponsored Research Grants

(See Research Handbook for Details)

Step 1. The Research Office: All proposals to external funding sources for sponsored projects must be submitted through the Research Office, phone 541-737-3437.

Step 2. The Contract Office: All awards received for sponsored research must be reviewed and approved by the Contract Office, phone 541-737-2373.