Frequently Asked Questions 

• Who is authorized to sign on behalf of RFSUNY/SBU?

  Representatives in OSP are designated by The Research Foundation as the primary signatory on all applications submitted on behalf of SBU. All sponsored research agreements must be executed by an authorized official of the RF. Individuals, departments or schools not directly enter into sponsored activity agreements or legally bind SBU. 

   

• Who on campus do I contact to initiate a contract?
  Preliminary discussions regarding a proposed sponsored project may begin long before a sponsoring partner is ready to establish a contract. When a sponsor decides to fund research, a research agreement/contract is required. Upon contact and learning of a sponsor’s interest in working with the University, please contact the Office for Sponsored Programs. The PI will work through the statement of work with the sponsor, and the actual contract will be negotiated by the Office for Sponsored Programs. The process of establishing a contract will begin in OSP with your assigned Contracts and Clinical Trials Specialist. Your Specialist will begin the review and contract negotiation process when receiving your myResearch application and sponsor information. 
• What is a Facility Use Agreement and what office would review and execute the agreement?

  A facility use agreement is a contract in which the user agrees to abide by specific terms and conditions in order to access and use the facility.  These agreements, whether it be to access a facility at Stony Brook University or an external facility,  would be reviewed and executed by the Procurement Office.

• What administrative documentation is needed to initiate a contract and how are contracts processed?

  All proposals need to be routed through myResearch first. All our internal forms are located here. When a PI begins discussions with a sponsor, the PI should contact the OSP Contracts and Clinical Specialist assigned to their area. The contract will be negotiated by OSP. This may involve a collaborative review by the Office for Research Compliance, Intellectual Property Partners and RF Legal. Once the contract has been negotiated, it will be signed by a Specialist who has been granted signature authority. When the contract is ready for signature, the PI will be notified for his/her consent. Once executed, the contract will be processed and sent to the Awards Establishment Area  to have and Oracle award/project/task set up.

• How long do contracts take to negotiate?

  The process for finalizing an SRA may be brief or lengthy, depending on the complexity of the project to be sponsored and what the sponsor expects to obtain for its support. If a non-federal sponsor accepts SBU's standard agreement without modification, obtaining the signed contract may take a few weeks. OSP Specialists strive to provide answers to sponsors within 5 business days depending on volume and bandwidth.

   

• What are causes for delay when negotiating contracts with Industry?

  Most agreements are held up when the Industry sponsor has a rigid position in negotiating key terms, such as publication rights or intellectual property. These delays are often resolved through explanation of our limitations that govern property rights to IP generated from sponsored research.

   

• Can a company own the results of the research?
   The RF owns intellectual property created under sponsored projects. Companies sponsoring research can receive rights to the intellectual property in the form of a limited-term option to license. For the Intellectual Property Policy in its entirety please visit IPP webpage.
• Can a company approve publications resulting from the research?
   No. Freedom to publish is essential to the fulfillment of the SBU's responsibility to disseminate the findings of research. The University therefore reserves for the Principal Investigator the sole and exclusive right to freely publish scientific findings and to preserve this right in sponsored research agreements. In special circumstances, such as the protecting of intellectual property and technology transfer, the University may delay publication. However, it should be noted that research which cannot be reported to the public cannot be used as the foundation of a thesis or dissertation, and will invalidate the University's "fundamental research" exclusion to the U.S. Export control laws and regulations.
• What does it mean to have a "fundamental research" exclusion to the US Export control laws and regulations?
   In certain circumstances the export of technology, including particular technical and scientific data, is prohibited by federal regulation or requires a license. "Controlled" technologies require an export license unless their research is shown to be available in the public domain. National Security Decision Directive-189 describes research as available in the public domain if it passes this two-prong test: research results are freely publishable, and there are no restrictions on the access and dissemination of research results. Either publication restrictions (excepting limited reviews for patent protection or removal of proprietary information) or limitations on the access or dissemination of research results remove the information from the public domain and invalidate the "fundamental research" exclusion.
• If Industry is paying for a research project, why can't they own all the results and intellectual property (a work-for-hire relationship)?
   Any agreement RFSUNY/SBU enters into must be in line with the University's missions of education and research. Additionally, RF owns inventions created at SBU per IP policy. This is consistent with federal research funding laws. RFSUNY/SBU does not enter into work for hire type of agreements.
• Can we pre-set license terms in the SRA?
  No. It would be very difficult to set license terms for an invention that doesn't yet exist. Also, RFSUNY is a 501(c)(3) organization under the IRS Internal Revenue Code. IRS Regulations say that granting rights to sponsored research intellectual property that doesn't yet exist is considered a "private business use" of facilities funded with tax-exempt bonds.
• What is Background Intellectual Property?
  Background intellectual property (BIP) is property and the legal rights of either or both parties to the agreement developed before or independent of the Sponsored Research Agreement, Collaboration Agreement, etc. the parties are entering into. This includes inventions, patent applications, patents, copyrights, trademarks, mask works, and trade secrets. When BIP is needed to conduct the sponsored research project, the BIP must be clearly listed and identified in the agreement. Including the BIP in agreements protects the BIP and ensures it will not be treated as intellectual property resulting from the current project. All BIP will be related to disclosures made to the Intellectual Property Partners (IPP). If you have questions about your BIP or the disclosure process, contact IPP
• If I want to send biological or chemical samples to a colleague, should I use a Material Transfer Agreement?
  Yes. Contact IPP for help with preparing, negotiating and executing a Material Transfer Agreement.
• When is the best time and where to request a Non-Disclosure Agreement (NDA)?
  The best time to request a NDA is before discussions begin. Once a faculty member's confidential or proprietary information has been disclosed, even if done so by accident, there is no way to ensure it will be maintained as confidential unless a NDA is in place. NDAs are appropriate when working with industry to determine if a collaboration or sponsored project is possible. NDAs are also appropriate when working with another institution on writing and submitting a grant proposal. NDAs are handled by IPP. Please contact them for assistance.
• What is the general workflow for industry agreements and collaborations?
  A detailed workflow can be found here. However, we advise investigators to contact their OSP Contracts and Clinical Trials Officer regarding processes as they may apply to their particular interest and collaboration.