Non-exclusive licenses are typically used for software contracts. Exclusive software licenses may be considered in some cases based on the history of the code and provided that they are fully compatible with the research and teaching activities of the laboratory concerned and with obligations towards third parties. When a laboratory works with a company, it is necessary to conclude the appropriate agreement and to know the principles of intellectual property of EPFL. For research agreements that may concern dual-use technologies (civil and military), please click here If a person is not employed at EPFL and works in a laboratory, TTO will be contacted and a specific agreement signed with EPFL. Sometimes companies are interested in an invention, but want to evaluate it themselves over a certain period of time or conduct additional studies before committing to a license. In these cases, option agreements are the appropriate instrument. The use of EPFL technologies and intellectual property by a start-up requires the signing of a corresponding license agreement with EPFL. A material transfer agreement is an agreement in which a party agrees to transfer materials (for example. B, biochemical material – such as nucleic acids, plasmids, peptides, proteins, viruses, cells, tissue samples, living organisms, etc.) to another party. The TTO is your partner for the design, negotiation and approval of contracts with industrial partners. Do not hesitate to contact us at an early stage to ensure an effective conclusion of agreements. The EPFL Directive on Research Contracts and Technology Transfer (LEX 3.4.1) defines the rules and responsibilities for research contracts.

Do not hesitate to contact TTO as soon as possible to prepare the relevant agreement or if you have specific questions about cooperation agreements. The purpose of these agreements is different. Given its purpose (research), the research contract or industrial grant contract usually leads to the creation of new intellectual property, while the service contract leads to a well-defined outcome (description of services) that uses existing skills and knowledge (e.B routine analyses, tests, measurements, expertise). You must have an NDA whenever confidential information is exchanged between EPFL and a third party (or a person not employed by EPFL) and there is no other agreement to protect confidential information. If an industrial partner files a patent application on the results of a project, EPFL reserves the right to use this patent with the right to grant sub-licenses outside the field of use (as defined in the contract). The partner benefits from exclusivity in these areas. Type: Provision of a service (measurement, testing, etc.) that does not involve research No right of publication or use for EPFL in service contracts; Research agreement: exclusive rights to patented results in a defined field of application. In the context of cooperation between a laboratory and an external partner, the following main aspects are defined by an agreement: Depending on the type of tasks to be performed by the laboratory, the agreement is referred to as « research » or « service ». A license is an agreement by which Licensor grants Licensee, under certain conditions, the right to use a patent or software to develop and market products or services based on such patents or software. When it comes to contacting a financial third party or a client about a service offer or sponsorship/donation, the following are required: The laboratory manager signs the NDA on behalf of EPFL and ensures that the agreement is applied, in particular that only EPFL employees who need to know confidential information for their work at EPFL: have access to this information and what they have about their tasks. These agreements are negotiated with the Technology Transfer Office. If the technology in question is the subject of one or more patents (or patent applications), the most commonly used type of agreement is an exclusive license granted in the start-up`s field of activity.

A license allows the transfer of technologies protected by intellectual property rights. Completing the patent is not the end goal – the goal is to enter into licensing agreements. The agreement must comply with EPFL rules and is negotiated in cooperation between the TTO and the laboratory concerned. The management, including financial management, and enforcement of the agreement are the responsibility of the laboratory. Different types of agreements are available to establish collaborations with industry. The purpose of the agreements is the same, but due to the particular situation of the laboratory or the specificity of the project, the intellectual property rights granted to the industrial partner are different: « Incoming MTA » stands for MTA, in which an EPFL research group receives material from a third party. EPFL is a public institution whose teaching and research mission is to disseminate its knowledge. In this context, EPFL grants the industrial partner the main right to patent the results of the project on its behalf and at its expense (see Intellectual Property here); the industrial partner is also free to use EPFL`s non-patented know-how and the knowledge generated during the project; however, there is no transfer of ownership of this know-how and knowledge. Budget: According to the project proposal Innosuisse Publications: Right to publish within a reasonable time In any case, EPFL can use any patent for educational and research purposes in any field. . Contracts with industrial partners in the amount of CHF 50,000 must be approved by TTO before being signed and will now also be signed by the head of the TTO. Please contact the Technology Transfer Office for more details.

Intellectual property conditions: EPFL remains the holder of the DPI. Possibility for the company to negotiate a license for an invention or software In case you need to negotiate a confidentiality agreement with a company, please contact the TTO for the necessary support Type: Laboratory research project with budget and schedules Our guidelines for the exchange of confidential information are based on three simple rules: Budget: All direct costs of the laboratory (salaries, consumables, travel, etc.) + 40% overhead. . Intellectual property conditions: The company is the owner of the data received from EPFL. The reference documents for the conclusion of a contract are as follows: Intellectual property (rights to the results, patents and software) Publications: No right of publication without the consent of the company. To send us your questions or suggestions, please contact Financial Support: [email protected] IP conditions: EPFL remains the owner of the DPI. No benefit for the company, with the exception of the recognition of the funding of EPFL grants to existing companies (PMI or large companies) and start-ups. When inventors present a credible start-up project, EPFL generally favors the granting of a license to such a start-up. The publication rights and the use of the results/data generated by EPFL differ fundamentally: the industrial partner and EPFL are free to use the project results that are not patented. . Type: Voluntary donation from a company to a researcher or laboratory It should be noted that for each contract worth CHF 50,000, an application for project funding must be initiated at the Research Office ([email protected]) or the Department of Philanthropy.

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