FAQs

The Office of Corporate Relations is excited to help you navigate opportunities for collaborative research at UW–Madison.  To provide an initial overview of our processes and resources, we suggest reviewing our list of frequently asked questions. These FAQs are only meant to help you get started – if you can’t find what you are looking for, please do not hesitate to reach out to our team directly.

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I'd like to begin discussions with UW-Madison College of Engineering and believe a confidentiality agreement (CDA) is needed. How do I get started?

UW–Madison has templates that have been successfully used with many industry partners. If your discussions with UW–Madison could include sharing proprietary information that you would like to protect, we encourge you to use the UW–Madison template Confidential Disclosure Agreement (CDA). The Office of Corporate Relations will work with you and the appropriate departmental contacts, including a UW contracts specialist, for review and finalize the agreement.

What is the difference between a Sponsored Research Agreement and a Fee-for-Service Agreement?

Sponsored Research Agreement involves a project with a significant intellectual effort by a UW-Madison investigator in the design and conduct of a project that is intended to explore a research or development goal or create commercial outcomes for the Sponsor. These projects often involve the development of a project scope, plan, milestones, deliverables, and a budget. There are nuances within Sponsored Research projects, depending on the roles of the UW Researcher and the Sponsor organization. This distinction impacts downstream rights, such as publication and access to IP, so needs to be considered early in the process.

Fee-For-Service Agreement project, in contrast, is one in which the University provides services in a vendor-type relationship. These projects typically involve routine or repetitive activities such as sample processing or projects in which UW staff serve as a “pair of hands” to implement detailed instructions of a sponsor. The typical deliverable of a Fee for Service project is data (sometimes including initial analysis) or a proprietary formulation that is delivered to the sponsor, and the University does not claim IP rights in the deliverable. Fee-for-service projects do not add to the body of fundamental knowledge, they do not support graduate student research, and are not intended to create data suitable for publication in academic journals.

Is it possible to protect the research I am funding at UW-Madison? What confidentiality protections are possible?

Because UW–Madison is a public institution, the existence of a relationship with an industry partner cannot be kept confidential. However, research agreements frequently contain confidentiality and non-disclosure language that protects trade secrets and other proprietary information provided to UW–Madison by an industry sponsor, obligating UW to keep the sponsor’s sensitive business information confidential.  So, in as much as the details of the project contain sponsor’s confidential information, that information can be protected from public release.

After the research is complete, sponsors are given the opportunity to review draft publications so that they can identify any of their confidential information and request it be removed from the publication.

As an industry partner, what can I do to help make the contracting process go as smoothly as possible?

  • Start early – as soon as you have identified a project that is likely to advance, begin discussions on the required agreement(s) and terms.
  • Review our “Legal Guideposts” information– this provides requirements UW-Madison must include in any agreement to comply with state and federal guidelines.
  • Start with UW-Madison templates – From experience, starting with the UW-Madison template will significantly reduce the time it takes to execute an agreement.
  • Coordinate with the PI on the scope of work  While contracting is handled separately from the research it all must come together to execute an agreement, so staying in touch with the PI is key to success.
  • Establish primary points of contact – There will be many pieces moving in parallel, so it’s helpful to have identified leads for the scope of work and milestones, legal/agreement terms, other partnership activities such as training or access to talent. The Office of Corporate Relations can help coordinated UW-Madison resources to ensure a smooth process.

How should my organization prepare for a sponsored research project with UW-Madison College of Engineering?

In your exploration of opportunities for collaborative research, consider the following questions to help define the scope for your project.

  • What are your goals and desired outcomes?
  • What capabilities/expertise/resources are you looking for a partner to bring?
  • What resources do you plan to contribute to the work?
  • Are there organizational key milestones or deadlines associated with the project?
  • What approaches have you already tried? What was the result?
  • How will this project help your company achieve a competitive advantage in the market?

If UW-Madison College of Engineering faculty or staff work with an industry sponsor to commercialize their research, what happens to their intellectual property rights?

At UW–Madison, researchers have a ninety-year history of disclosing potential new inventions and working with Wisconsin Alumni Research Foundation (WARF) to manage the intellectual property rights that come from campus research. Disclosure and ownership of intellectual property in a university environment can be complex. All universities must comply with federal rules and requirements related to funded research and often other funding sources bring their own requirements as to how intellectual property should be disclosed and managed. Because of WARF’s long history with the campus and close working relationships with inventors, UW–Madison is uniquely situated to ensure corporate sponsors access to the rights they need to make their products successful.

Can an industry partner take ownership of Intellectual Property (IP) developed at UW-Madison?

It is UW–Madison policy not to provide assignment of potentially patentable IP as part of any industry-sponsored research agreement. UW–Madison and WARF work diligently to satisfy an industry partners’ needs to access UW–Madison IP by vigorous pursuit of mutually acceptable agreement terms, including exclusive license option rights for an appropriate time period.  In instances in which the deliverable of a research project is a written report or a tangible item, it may be possible for the industry partner to own the deliverable.

Can I hire UW-Madison College of Engineering investigators, researchers, or experts in a consulting capacity?

Many College of Engineering faculty and researchers also make themselves available as consultants. This is typically outside of their role as a UW-Madison employee and, therefore, limits their access to other UW resources including students, labs, etc.  In this case, you would need to work directly with the PI to establish the relationship and associated agreements.

How does UW-Madison's status as a public university impact research agreements?

The UW System is an agency of the state of Wisconsin and receives much of its funding through the federal government. UW-Madison is subject to state and federal rules, so these considerations are reflected in agreements. Some of these rules, regulations, and policies are summarized in the “Legal Guideposts” section on this page.

What are the publication policies and ownership rights to research data at UW-Madison?

UW–Madison requires the publication rights of research results by faculty, staff, and students, without extensive delay from a collaborator. Industry sponsors can negotiate for a right to review and request removal of sponsor’s confidential information from any material such as a publication that will be shared publicly. Additionally,  the UW-Madison policy requires that the University retain ownership of research data in order to preserve the ability to conduct future research and publish the research results. However, it is quite common for sponsors to receive early access to data arising from the research they fund and, subject to any IP rights that may apply to the data, to be able to use the data for their own business purposes.

Who owns the rights to the results of sponsored research?

UW–Madison does not assign ownership of the results of the research (data, inventions, etc.) to an industry sponsor. This is a result of the policies from the Board of Regents. However, the University does share the results of the sponsored projects with research sponsors. It does this through providing access to research data and experimental results with our sponsors and providing sponsors with an option to obtain licenses to inventions and ideas that come out of the research.

What are typical timelines for the negotion of research agreements with UW-Madison?

The timelines can vary by the type, complexity, and length of agreements, but the goal is to keep the process moving in a timely manner finding a solution that works for both parties. It is strongly recommended to start the process with UW–Madison templates which are fair, reasonable and concise, and can speed up the timeline immensely. Also, be sure to leverage your key points of contact to keep you updated.

What costs are involved in doing research with UW-Madison?

The costs of research vary from project to project. Each project may require unique resources: students, collaborators inside and outside the university, supplies, special equipment, etc. The costs often include salary, fringe, supplies, and indirect costs. There may be other costs included depending on the needs, such as tuition remission, travel, equipment purchase, and subcontractors.

Indirect costs are the costs that are not directly related to a specific sponsored project and are incurred for common or joint objectives. Sometimes you will hear indirect costs referred to as Facilities and Administrative Costs or F&A costs for short. Examples of facilities and administrative costs include utilities; building maintenance and operations; security; insurance; general-purpose supplies and equipment; and central administrative staff expenses. The University has a negotiated rate agreement with the federal government. If the University did not charge this federally negotiated rate, the University would be in violation of the Federal Regulations.