Review of Terms and Conditions

Before accepting an award on behalf of the University, OSP / HMS-SPA / SPH-OFS reviews all terms and conditions, regardless of the sponsor, and is responsible for negotiating appropriate remedies if an award fits into one of the following categories:

• contains provisions that are incompatible with the University's policies on sponsored research
• inconsistent with government-wide regulations for universities
• fails to include all elements agreed upon prior to the award
• requires modification to conform to the Principal Investigator's needs
• includes non-standard patent and/or licensing terms (may also be referred to the Office of Technology Development for assistance)

The responsibility for the review and approval of all industry-sponsored research agreements at Harvard lies with the Office of Technology Development (OTD). OTD is familiar with the multitude of issues raised by such agreement, for example those related to ownership of intellectual property, publication rights and licensing rights. OTD should be consulted in the first instance when a relationship with private industry is being contemplated.

Specifically, one area that requires consideration, and where industry-sponsored research differs from government- and foundation-sponsored research, is when equipment and/or facilities involved in the research have been financed through the issuance of tax-exempt bonds. Internal Revenue Code regulations governing such research impose certain requirements on the licensing of intellectual property that arises from research sponsored under such agreements.

For further information, please visit the Office of Technology Development or the Office of Treasury Management.

When the notice of grant award and related terms and conditions are accepted by the University, an account activating the award is set up in GMAS. The PI-along with several Department-based contacts-receives an Action Memo, which details the account number, period of performance, and dollar amounts.