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When and how might I benefit from interactions with industry?

    

Want to tap into the commercial potential of early‑stage research?
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Dealing with the corporate world is mystifying to academics whose main training has been oriented toward research, teaching, and clinical duties. Alliances between universities and industry are playing an increasing role in facilitating cutting-edge basic and clinical research. This web resource will help both new and established faculty understand how to engage in alliances with companies, protect their research/publication rights and intellectual property, and avoid conflicts of interest when consulting for companies. This knowledge base will provide you with quick answers to common questions, and will also point you to informative websites and to people who will provide more detailed support.

Table of Contents

Working with Industry

1.0 Collaboration with a company

2.0 Industry-sponsored clinical trials

3.0 Consulting for a company

Tools and General Considerations:

4.0 Meeting with company representatives

5.0 Material Transfer Agreements (MTAs)

6.0 New technology platforms

7.0 Licenses, technology assessment and company formation

8.0 Other considerations when dealing with industry

Contacts

9.0 Ask the Experts

View All Answers  /  Hide All Answers

1.0. Collaboration (alliance) with a company (click on questions to view answers)

1.1. In a potential alliance, who initiates the contact—the company or me? Does it make a difference who initiates the contact?

Either the company or you can contact the other regarding a potential alliance. There are some differences in processes and considerations depending on who is initiating the contact. Please click below for further details about UCSF faculty-initiated contact or company-initiated contact.

How do I initiate an industry alliance?

Potential approaches to initiating contact with a company are:

(1) Directly contact the company, perhaps through a former colleague or company scientist you may have met at a conference;

(2) For small companies, if you are comfortable doing so, directly contact senior leadership (for example, the CEO or VP of Research); or

(3) Contact personnel at UCSF responsible for forming alliances with industry.

Regardless of the approach used, aspects of initiating a alliance require involvement of the University (e.g., confidentiality agreements to protect intellectual property, etc.); therefore, please confer with those individuals at UCSF whose responsibility it is to support academic/industry alliances to help you evaluate opportunities, make decisions, and structure collaborations.

How do I respond to a company's request for alliance?

To help you understand what types of information you should share (confidential versus non-confidential), please confer with those individuals at UCSF whose responsibility it is to support academic/industry alliances to help you evaluate the opportunity, make decisions, and structure collaborations. Ultimately, you will want to assess the proposed science or technology opportunity, whether it aligns well with your own research efforts, and whether an alliance would be beneficial to you and to your potential industry partner. It is also worthwhile to consult your colleagues to determine if they have worked with this company or used similar technology, or have other advice.

1.2. In what ways can industry sources fund UCSF research

Industry sources may sponsor UCSF research via a contract, gift, subcontract, grant, grant-in-kind, sponsored research agreement, collaborative research agreement, clinical trial agreement, materials transfer agreement (MTA) or fellowship.

What are the various types of agreements into which I might enter?

- A contract is an agreement between two or more parties in which an offer of something of value is made and that offer is accepted. A contract defines all of the terms, conditions, expectations, and deliverables that govern any contemplated relationship between the parties. By defining the terms, conditions, expectations, and deliverables a contract protects the interests of all of the parties to the contract. Examples of contracts commonly executed by the University include—but are not limited to—Clinical Trial Agreements, Sponsored Research Agreements, Collaboration Agreements, Material Transfer Agreements, and Clinical Service Agreements. To alter the terms, conditions, expectations, or deliverables of a contract, an Amendment to the contract is negotiated and executed by all of the parties to the contract. Any change made to a contract in the absence of an Amendment is null and void.

- A subcontract is an agreement used by a party to arrange for a third party to perform some or all of the first party's obligations under a primary contract. For example, a pharmaceutical company may contract with the University for the University to serve as the coordinating site for a multi-center clinical trial. The contract between the company and the University is called the Primary or Prime Contract. Contracts between the University and other entities recruited by the University to participate in the multi-center study are called sub-contracts.

- A grant is a giving of funds for a specific purpose. The grantor may be entitled to receive some deliverables such as a detailed technical report of research results or a report of expenditures, and may require that unexpended funds be returned at the end of the grant period. See UCOP policy entitled Review of Gifts/Grants for Research (July 8, 1980) for more guidance on distinguishing "gifts" from "grants."

- A gift is an agreement through which a party gives unrestricted funds to the university without imposing any contractual requirements and the award is irrevocable. See UCOP policy entitled Review of Gifts/Grants for Research (July 8, 1980) for more guidance on distinguishing "gifts" from "grants."

- A gift-in-kind is a contribution of equipment, supplies, or other property provided to one or more researchers in lieu of money by one or more companies generally for use in an industry sponsored research project.

- A sponsored research agreement is a contract between a private industry organization and the Regents of the University of California on behalf of UCSF for a research project that is directed by one or more UCSF investigators. Sponsored research agreements specify the research to be completed, deliverables to be provided by industry organization and the University, and the rights that the parties have to intellectual property and data that are generated in the performance of the project. Sponsored research agreements are negotiated by the Industry Contracts Group in the Office of Innovation, Technology & Alliances.

- A collaborative research agreement is a contract between organizations that wish to work together but generally do not want to exchange funding. Collaboration agreements are not considered sponsored research, per se, but govern the exchange of equipment, data and inventions. A funded collaboration agreement is sponsored research as the sponsor provides funding and other resources for the collaboration.

- A clinical trial agreement is a contract between two or more parties that defines all of the terms, conditions, expectations, and deliverables associated with one or more University researchers conducting an industry-authored or investigator-initiated clinical trial when that clinical trial is funded by one or more companies. For a study to be classified as a clinical trial by UCSF for purposes of calculating indirect costs, it must conform to the following definition: the controlled, clinical testing of Investigational New Drugs (INDs) or Investigational Devices (IDEs) using either a sponsor- or investigator-developed protocol under a FDA Phase I, II, III, or IV drug study, a FDA-regulated medical device study, or the controlled, clinical testing of a protocol performed under the sponsorship of an approved national cooperative consortium for clinical trial services; or ancillary studies at UCSF that support an FDA-approved clinical trial being performed at an outside agency, or under a clinical trial sponsored under the direction of an approved national cooperative consortium. Please note that UCSF's definition of a clinical trial is different from other UC campuses and NIH.

- A material transfer agreement (MTA) is a contract between two parties that defines all of the terms, conditions, expectations, and deliverables associated with the receipt and use of materials by one or more University researchers from a party (company, non-profit, university, institute, government, individual, etc.) external to the University.

- A fellowship is a form of grant through which funds are granted (commonly by a university, foundation, government agency, or company) for advanced study or training.

- For more details, please see the Office of Research.

How does the type of agreement determine what I am allowed to do with the funds I receive?

Between a contract, grant, and gift, a contract is the most restrictive form of agreement and a gift is the least restrictive.

  • A contract is an agreement between two or more parties that defines all of the terms, conditions, expectations, and deliverables for the activity defined in the contract.
  • A grant is a form of an agreement that defines the general expectations related to whatever was proposed in the grant; however, as compared to a contract, there are no contractual obligations to deliver under a grant.

What is the time-table for completion of each type of agreement? What are my responsibilities in completing the agreements?

From the time the sponsor and University investigator decide upon the scope of work and the budget for a proposed project, and all required paperwork (COI, IACUC, CHR, OSR, etc.) is completed, the time required to negotiate and execute a sponsored research or clinical trial agreement is approximately 30-90 days, assuming the sponsor responds in a timely matter and that there are no changes in the scope of the work during the negotiation period.

Required Paperwork

OSR Approval Form 700U Supplement for 700U Budget CHR/IACUC Approval SOW Protocol & Consent MTA Questionnaire
Clinical Trial Agreement X X X X X X X
Sponsored Research Agreement X X O X O X
Amendment X X O O O O O
Material Transfer Agreement O X
Confidential Disclosure Agreement

Which campus offices should you involve for which agreements?

Depending on the type of contract involved, you should contact either your department, school, the Office of Innovation, Technology & Alliances and/or the Research Development Office.

Type of Agreement Office
Incoming Material Transfer Agreement (MTA) Industry Contracts Group (ICG)
Outgoing Material Transfer Agreement (MTA) (human specimens) Industry Contracts Group (ICG)
Confidentiality & Secrecy Agreements Industry Contracts Group (ICG)
All other outgoing Material Transfer Agreements (MTAs) Technology Management Group
Industry Sponsored Agreements (contracts, grants, collaborations, clinical trials, fellowships, SBIR, STTR) Industry Contracts Group (ICG)
Gifts Development Office
Outgoing Licenses Technology Management Group
Patents Technology Management Group

In those cases where the research relationship will entail transferring materials either from the company to your lab or vice versa you need to contact the following office(s) depending on the specifics:

a) Industry Contracts Group (ICG) of the Office of Innovation, Technology & Alliances for all incoming materials,

b) Technology Management Group (TMG) for all outgoing materials except for outgoing human clinical specimens. Human specimens are handled by the ICG regardless of whether they are coming into or going from the University.

Once the award or contract is executed, what are next steps and who is responsible?

The principal investigator (PI) is ultimately responsible for all activities under a sponsored agreement. Examples of post-award activities are: reconciling ledgers, approving invoices, getting approvals for compliance issues.

If I leave the University, can I continue my sponsored research agreement at a different institution?

A sponsored research agreement can be transferred from UCSF to another institution. This takes the approval of the department chair or ORU (Organized Research Unit) director. The award to UCSF must be terminated and the new agreement executed between the sponsor and the new institution. All the results and any discoveries made for the work done at UCSF remains the property of the Regents of the University of California.

Material created at UCSF is the property of the Regents of the University of California. If you want to take research materials that you created at UCSF with you to your new employer, contact the Office of Innovation, Technology & Alliances (ITA) Technology Management Group to negotiate a materials transfer agreement (MTA) with your new institution. For materials that are human clinical specimens, contact ITA's Industry Contracts Group (ICG).

What are Discretionary Accounts and how do they work?

A discretionary account is an unrestricted fund at UCSF that is valuable because it can be used to pay for expenses that fall outside of those typically allowed by federal grants (e.g., business-related entertainment expenses, membership dues, etc.). These accounts can be part of a start-up package, gifts from various donors, or they can be derived from unused portions of fixed priced (only) industry-sponsored agreements.

How is an industry-sponsored research grant weighted by the University relative to academic grants for career advancement?

The University places great importance on the ability to fund one's own research, so all independent funding is important. Historically, not all funding has been considered equally during consideration for academic advancement. Grants from federal agencies like the National Institute of Health (NIH) tend to be given greater weight than industry-sponsored research agreements, due primarily to the peer-review involved in evaluating a grant proposal. Moreover, the R01 is considered in many quarters to be THE important grant to legitimize an independent researcher's career. This being said, obtaining funding from industry sources will increase your ability to pay salaries and conduct research that will still be important in developing your career. Industry funding could support research that ultimately helps qualify you for an R01 award.

Due to the award of NIH funding for the CTSI, there are increasing discussions about faculty hiring and advancement and the need for a broader view of the value of translational and industry-sponsored research.

Are matching grants available to encourage academic/industry alliances in cases where the company might not be able to fully support the effort?

The Industry-University Cooperative Research Program (IUCRP) and UC Discovery Grants may provide matching funding.

What is the UC Discovery Grant (formerly BioStar) program and what type of funding does the program offer?

Under a UC Discovery Grant, you will develop a scope of work with a California company within the guidelines of the UC Discovery Grant whereby the State of California partially matches the money given by an industry sponsor for projects deemed to benefit the California economy. The total review process is approximately 100 days, which is relatively short compared to many other funding programs. UCSF researchers have been highly successful in obtaining these awards. For more details, visit the UC Discovery Grant website or contact the Office of Innovation, Technology & Alliances (ITA), Industry Contracts Group (415-502-1604) or the Director for Research Technologies and Alliances in the School of Medicine (415-476-8824).

What is the difference between the new Pilot Program and the standard UC Discovery Grant?

As part of the IUCRP's strategic planning process, the Pilot Program was launched in June 2006 to explore emerging opportunities for highly innovative industry-University research alliances that can help California solve important problems and simultaneously accelerate the economic development in the following three areas:

  1. energy and environment;
  2. health and wellness; and
  3. application of nanotechnologies.

The Pilot Program seeks both to draw new ideas for advances engaging the IUCRP's five ongoing technology areas and to identify opportunities in a wide array of other technology areas. Entirely new fields of science and engineering have emerged in recent years where the IUCRP, if expanded, could help strategically position UC and California R&D industries for leadership in the highly competitive global arena.

What is an Opportunity Award?

Opportunity Awards are small awards from the UC Discovery program for conferences, workshops, and outreach events that promote dialogue between the University and industry communities. These awards are up to $15,000 to support activities that:

(a) communicate developments in relevant research fields at UC and within California firms; (b) enhance faculty, student, and staff understanding of commercial technology research, technology transfer, and opportunities for cooperative research with private sponsors; and

(c) assess and improve University approaches to technology transfer and administration of industry-sponsored research. These awards are not provided for departmental seminar series, ongoing, national/international meetings of scientific organizations. For further information and to find out how to submit an online proposal, please visit the UC Discovery Grant website.

1.3. I'm partnering with a company; what have I gotten myself into?

There are many implications of partnering with a company that the subsequent questions address. Some things to consider include impact on direction of research, control over your project and changing expectations. Please click the questions below to learn more.

Can the industry sponsor change the direction or focus of the research in midstream?

Yes it can, but you can and should include this issue in your written agreement with the sponsor; see below.

What are my obligations if the industry sponsor changes the direction of my research?

If the company requests that the scope of work be altered, that is, they request that the research approach be altered or that a different set of questions be addressed, you should contact the person at the Office of Innovation, Technology & Alliances (ITA) who negotiated your agreement.

What control do I have over defining benchmarks and milestones for the project?

These should be part of the negotiation. The investigator is not necessarily at the mercy of the company for setting benchmarks and should weigh in on what is considered reasonable progress.

What control do I have over whether a company decides I am not making enough progress and pulls out?

Once the science has been decided, the sponsored research agreement and the way in which it is negotiated are very important with respect to the risk that you take entering into the alliance. It is very important to work closely with your ITA Industry Contracts Group negotiator to work out possible scenarios such as early termination, change of research direction, etc. that may unexpectedly affect your ability to pay salaries.

Does the agreement cover the limitations, if any, on my present and future research if I collaborate with industry (i.e., impact on my ability/schedule to publish)?

UC policy states that you cannot agree to a contract unless you are able to publish within 30-60 days of the work being completed. There are provisions about the company being able to look at the manuscript (or other forms of public disclosure, such as talks, poster sessions, etc.) and file patents prior to public disclosure, but they cannot prohibit you from publishing. The UCSF contract negotiators have fixed parameters in negotiating publication rights and should make sure that your contract does not contain improper restrictions. You should, however, pay attention to the terms in your contract and ask about any restrictions that you see. Regarding intellectual property rights, the company will get certain rights to the intellectual property and materials you develop, but there are limits to these rights that are carefully negotiated along with the rest of the research agreement.

How do I avoid Conflicts of Interest (COI) with my corporate partner?

Conflicts of interest in partnering with a company can be complicated, and include a wide array of financial concerns. Industry-related conflicts of interest can be different from those you have encountered in other situations. Please click on the questions below to learn more.

How do Conflict of Interest rules limit what I can do?

Investigators who work closely with industry should be aware of the conflict of interest policies in effect at UCSF. A financial conflict of interest refers to a situation in which an investigator has private financial interests that may bias, or be perceived to bias, the design, conduct, or reporting of the investigator's research. To guard against conflicts of interest, federal regulations, state laws, and University policies require all investigators to submit financial disclosures at the time that a research proposal is submitted, annually, when new interests are acquired and/or when new personnel are added to a project.

Under California State Law, the potential for a conflict of interest exists when a faculty member receives research funding from a company or other private entity AND s/he (or his/her spouse, domestic partner or child):

  • Receives income or consulting fees over $500;
  • Has a direct investment (including stocks or options) in the company sponsor valued over $2000;
  • Serves as a director, officer, partner, trustee, or employee, or holds any other management position with that company;
  • Travel reimbursement for personal travel (research-related travel, including presentation of results at conferences, is legitimate and can be included in the sponsored research budget;
  • Received personal gifts valued at $50 or more;
  • Has an outstanding loan with the company.

Under federal regulations, an investigator receiving research funding from the National Institutes of Health, Public Health Service, or National Science Foundation must disclose income over $10,000 annually or 5% equity ownership in any company whose work appears reasonably related to the proposed research. All disclosures are reviewed by the UCSF Chancellor's Conflict of Interest Advisory Committee (COIAC), which may make recommendations to reduce, mitigate, or eliminate the conflict of interest. For more information, see the Office of Research COI webpage or contact the manager of the COIAC (415-476-5566).

What is UCSF’s policy on an industry sponsor giving gifts to me or to people in my research group, paying for travel, or funding educational programs?

UCSF has adopted stringent policies to avoid the real or perceived existence of a conflict of interest through the receipt of various forms of support and tokens of appreciation. This includes specific definitions of gifts and the conditions under which such support can be accepted. The details can be viewed at the Executive Vice Chancellor and Provost’s policy 150-30, UCSF Industry Relations Policy.

I have already received research funding from a company, for which the budget included travel to conferences. I have charged the cost of travel to a conference to that account. Is this reportable as travel received as gift or income on the 700-U PI conflict-of-interest form?

Neither; the conflict-of-interest form refers to travel expenses paid directly to you, which is either "income" if it was compensation for work that you did that is considered greater than the value of the travel, or "gift" otherwise. However, travel that was included in your research budget, which was reimbursed to you from a UCSF account based on your industry funding, is a research cost and is not reportable as a conflict of interest. Check "no" to this question on the 700-U form.

How do Conflict of Interest rules differ between clinical and non-clinical studies?

Any investigator receiving private funding for a clinical study must disclose according to state laws AND eliminate all income/equity/management relationships DURING THE STUDY. An investigator conducting a privately sponsored, non-clinical study must disclose per State laws. The UCSF Chancellor's Conflict of Interest Advisory Committee (COIAC) will determine what, if any, conflict management strategies are necessary. An investigator may (usually) consult for a company sponsoring their research if the topics do not overlap, the study is non-clinical, and all financial relationships are disclosed. The COIAC and the Executive Vice Chancellor determine whether the consulting activities are acceptable. The strict ban applies only to clinical studies.

What about my lab personnel?

For industry sponsored research, only the principal investigator (PI) is subject to the State Conflict of Interest Regulations under the Fair Political Practices Act. The Laboratory personnel, if listed by name on the Committee on Human Research (CHR) protocol, could undergo a conflict of interest review under the (CHR) COI requirements.

What about my family (e.g., does the company have to fire my mother)?

Spouses, domestic partners, and children are subject to the same restrictions as the principal investigator (PI). Parents and other extended family are not restricted.

Can I consult for the company that is sponsoring my research?

Clinical Research: Under UCSF policy, any investigator who participates in a privately sponsored clinical study may not CONCURRENTLY receive any compensation from the sponsor, including honoraria and consulting fees, while the study is ongoing. Furthermore, an investigator may not serve in a decision-making capacity (i.e., member of the Board of Directors, employed in a management position, etc.) with the sponsor during the course of the study.

Basic Research: Under UCSF policy, any investigator who participates in a privately sponsored basic research study may CONCURRENTLY receive compensation from the sponsor, including honoraria and consulting fees, while the sponsored study is ongoing as long as such compensation is not for activities related in any way to the sponsored research. The compensation must be reported to the COIAC, and it will be investigated to confirm that it is not related to the sponsored research.

Should an industry sponsorship influence the way in which I design my experiments for the project?

If a company is sponsoring your research that explores the potential use of a drug or other product for which the company owns intellectual property, it makes it more important than ever to design blinded experiments as much as possible. Even if the procedural details make it difficult to bias the results of the experiment, the perception from the outside will always be skeptical if you show results that could benefit the company. This should be recognizable to anyone who reads publications like Consumer Reports or the UC Berkeley Wellness Letter: "...the results showed therapeutic benefit but the study was funded by [the company]" (code words for "you can't necessarily trust these results"). If everything is as blinded as possible, even if you don't feel it needs to be, it will reduce the chances of these caveats being raised.

1.4. What are additional considerations?

Please click on the questions below to review answers to other issues that may need clarification.

What special requirements or agreements need to be completed before an industry collaborator can do bench work at UCSF, or vice a versa?

Contact the Office of Sponsored Research (OSR) Industry Contracts Division (ICD) to discuss.

Are there liability issues? Do we have to worry about intellectual property issues?

Contact the Office of Innovation, Technology & Alliances (ITA) Industry Contracts Group (ICG) to discuss. More useful information can be found at the ITA's Technology Management Group website and you should consult this office as well with regard to intellectual property issues.

Are there intellectual property issues around the use of preclinical mouse models that might affect a company's willingness to use my models?

Contact the Office of Innovation, Technology & Alliances (ITA) Technology Management Group to discuss.

When designing a research budget for an industry-sponsored project, should I try to be as frugal as possible?

No, this is not wise. You may feel that you want to minimize the amount of funding that you request to increase the chances that the company will agree, but companies know how expensive research can be, and should understand as long as you write a good budget justification. The most important thing to avoid is to request and receive funding that ends up not completely covering your costs. Then you are stuck: your contract says you will do a certain amount of research and receive a certain amount of money, and any extra costs will have to come from your other accounts (unless you can convince the company to increase the research budget, which is not all that uncommon if you have compelling reasons). Still, paying for this company’s research with federal funds can land you in a heap of trouble, and paying from another industry-sponsored fund raises potential problems with intellectual property concerns. Also, you may wish to impress the company with how well-suited your lab is to do the proposed research, by assuming that no experiment will need to be repeated, but that is bound to backfire. Some animals die of natural causes or get sick and need to be removed from an experiment. Some experiments fail for coincidental or unknown reasons, and sometimes biology just doesn’t behave as you planned that it would, so conditions need to be varied and experiments repeated. Your budget should take a reasonable amount of this uncertainty into account, so by all mean, pad the budget accordingly—and be sure to tell the company exactly what you are doing in the budget justification so that there will be no false impression that you are just trying to get more money. And don’t forget to factor in reasonable percent effort for salaries, future salary/fringe increases, service contracts and maintenance of project-related equipment, and an appropriate portion of the general cost of running your lab. If you end up with extra funds at the end, there’s a good chance you’ll need them for publication costs that come later.

2.0. Industry-sponsored clinical trials (click on questions to view answers)

2.1. What is the definition of a Clinical Trial?

A "clinical trial" is defined by clinicaltrials.gov, and adopted by UCSF, as follows:

CLINICAL TRIALS: A clinical trial is a research study to answer specific questions about vaccines or new therapies or new ways of using known treatments. Clinical trials (also called medical research and research studies) are used to determine whether new drugs or treatments are both safe and effective. Carefully conducted clinical trials are the fastest and safest way to find treatments that work in people. Trials are in four phases: Phase I tests a new drug or treatment in a small group; Phase II expands the study to a larger group of people; Phase III expands the study to an even larger group of people; and Phase IV takes place after the drug or treatment has been licensed and marketed.

PHASE I TRIALS: Initial studies to determine the metabolism and pharmacologic actions of drugs in humans, the side effects associated with increasing doses, and to gain early evidence of effectiveness; may include healthy participants and/or patients.

PHASE II TRIALS: Controlled clinical studies conducted to evaluate the effectiveness of the drug for a particular indication or indications in patients with the disease or condition under study and to determine the common short-term side effects and risks.

PHASE III TRIALS: Expanded controlled and uncontrolled trials after preliminary evidence suggesting effectiveness of the drug has been obtained, and are intended to gather additional information to evaluate the overall benefit-risk relationship of the drug and provide and adequate basis for physician labeling.

PHASE IV TRIALS: Post-marketing studies to delineate additional information including the drug's risks, benefits, and optimal use.

In contrast, "clinical research" is a broader term and is defined by the National Institutes of Health (NIH) as:

Patient-oriented research: Research conducted with human subjects (or on material of human origin such as tissues, specimens and cognitive phenomena) for which an investigator (or colleague) directly interacts with human subjects. Excluded from this definition are in vitro studies that utilize human tissues that cannot be linked to a living individual. Patient-oriented research includes:

  • mechanisms of human disease,
  • therapeutic interventions,
  • clinical trials,
  • development of new technologies,
  • epidemiologic and behavioral studies and
  • outcomes research and health services research.

The Conflict of Interest Advisory Committee (COIAC), however, uses a slightly different definition of clinical study, described below. Please note that this definition differs from the definitions used by the Contracts and Grants Division of the Office of Sponsored Research (OSR), the Industry Contracts Group (ICG) of the Office of Innovation, Technology & Alliances, Committee on Human Research, Budget and Resource Management, and the Controller's Office (Accounting).

"A clinical study is defined as a research project undertaken to assess the safety, efficacy, benefits, costs, adverse reactions, and/or outcomes, if any, of a drug, device, regimen, or procedure involving human subjects whether the protocol is investigator-initiated or initiated by others. A clinical study evaluates prospectively or retrospectively the diagnostic, prophylactic, or therapeutic effect of a drug, device, regimen, or procedure used or intended ultimately for use in the practice of medicine or the prevention of disease. For purposes of conflict of interest review, the course of a clinical study is considered to comprise the entire period during which any Committee on Human Research (CHR) protocol for that study is active. The clinical study commences with the date of approval of the first CHR protocol for the study or the effective date of the contract, whichever is earlier, and ends with the date when the last CHR protocol for that study is closed, regardless of whether data analysis is being performed. Pre-clinical laboratory studies in animals are not included under the term clinical study and neither are projects designed to develop new compounds; such projects are reported in one of the other research categories."

2.2. How do industry-initiated clinical trials differ from principal investigator (PI) initiated clinical trials?

An industry-initiated clinical trial is designed and funded by pharma, biotech, or other private entities. An investigator-initiated clinical trial is designed by the investigator or in collaboration with industry, and might be funded by industry.

2.3. What do I need to do in order to run an investigator-initiated clinical trial with a compound/device from industry?

You must obtain approval from the Committee on Human Research, and file various documents such as a Data Safety Monitoring Plan. The following links will provide you with more information.

Is there an office on campus that can tell me what I need to do?

As knowledge and technology advance, performing clinical and translational research involves an increasingly complex regulatory environment. CTSI Regulatory Knowledge and Support Consulting is available to help researchers understand and meet the many regulatory and compliance requirements in the pre-award and post-award process.

Is there a procedure I need to follow before materials can be transferred from the company?

YES, Please see the Office of Sponsored Research (OSR) Materials Transfer Agreement (MTA) Quick Guide. This document also includes links to the MTA questionnaire with detailed instructions for incoming and outgoing materials (e.g. human tissue samples).

What clinical trial resources are available?

UCSF clinical trial resources are listed here:

  • Clinical Research Resource HUB
  • CTSI Clinical Research Services
  • For assistance with developing the budget or payment schedule, you should contact your research administrator or your department's Contracts & Grants Representative. To find out who your department's primary and secondary C&G Rep are, contact C&G at (415) 476-2977.
  • For assistance with the industry agreement review, negotiation or approval process, you may contact your department's Industry Contracts Officer in the Office of Innovation, Technology & Alliances
  • For assistance with submitting committee approval requests to the Committee on Human Research (CHR), IACUC, or any of the Technical Committees, please contact the respective office or your department's research administrator.
  • For assistance with Biostatistics, research ethics and design, and more, Consultation Services can help investigators at UCSF and affiliated CTSI institutions meet these challenges successfully and produce research of the highest scientific and ethical standards
  • For additional help finding research resources, Talk to a Research Navigator

The FDA offers the following internet resources for answers to questions about investigational device studies, humanitarian devices and other clinical uses of unapproved devices:

  • Federal regulations (21 CFR Parts 50, 56, 812, 814, etc) and FDA Information Sheet Guidance for Institutional Review Boards (IRB), Clinical Investigators, and Sponsors
  • General information regarding device regulations
  • Information on off-label use of medical devices
  • Significant risk guidance, including examples of SR (Sponsored Research) and NSR (Non-funded sponsored research) device studies
  • Procedural guidance for IRBs requesting assistance from FDA in making the SR/NSR risk determination
  • General guidance covering various IDE (Investigational Device Exemption) issues, including Early Expanded Access Policy (see Chapter III)
  • Listing of all approved HDEs and HDE (Humanitarian Device Exemption) guidance documents

Contact numbers at the Center for Devices and Radiological Health with respect to IDE, HDE, compliance issues, and complaints are as follows:

  • Investigational Device Exemptions/Humanitarian Device Exemption Staff: 240-276-4034. Also, contact this number to find out whether a device study needs an IDE approved by FDA.
  • Division of Bioresearch Monitoring, Office of Compliance: 240-276-0125
  • Office of Compliance for questions about Custom Devices: 240-276-0125

If a company funds the research per patient as they are recruited, how do I pay for the initial costs of setting up the clinical trial?

An Industry Clinical Trial Pre-Startup Fee is allowable for two types of industry contracts: clinical trials and other clinical services. The fee covers actual costs that may occur prior to the start of the contract project, and are allowable whether or not a contract is finalized during the negotiation period and applies to the following charges: All start-up effort and material costs including, but not limited to, costs for protocol review, feasibility analysis, budget preparation and negotiation, preparation and submission of human subject protocol applications, Committee on Human Research (CHR) review fee, negotiation and execution of a clinical trial or other clinical service contract, and associated Facilities and Administrative Costs. For more information, please see the Office of Innovation, Technology & Alliances policy 400-14 on Industry Sponsored Contracts.

If I am not affiliated with a campus program who will review my protocol?

Any research conducted at UCSF must obtain the Committee on Human Research (CHR) approval.

Does everyone participating in a trial need to be consented?

Any research that involves either the participation of human subjects or the use of human biological specimens, medical charts, or databases with information about humans is considered to be human subject research and requires review. All research on human subjects (including the use of bio-specimens, medical charts, and data) must be submitted to the Committee on Human Research (CHR) for review and approval prior to any contact with human subjects or any use of their specimens, records, or data. Depending on the nature of your research, you may need additional approvals.

There are three types of CHR review, with separate application formats. The type of application needed depends on the degree of risk to subjects:

  • Full Committee: more than minimal risks to subjects, reviewed by one of four full CHR committees
  • Expedited: no more than minimal risks, reviewed by a subcommittee of the CHR
  • Exempt Certification: technically exempt from the need for CHR review, but requires submission and review of a form for certification of exempt status

How do I write a proper consent form?

Assistance and templates are available on the UCSF CHR website.

Do the subjects need to be told that there is industry participation?

Yes, funding sources must be disclosed in the informed consent and CHR application.

What is a Data Safety Monitoring Plan (DSMP) and do I need one?

A DSMP is a plan established to assure that each research study has a system for appropriate oversight and monitoring of the conduct of the study to ensure the safety of participants and the validity and integrity of the data. The DSMP should indicate specifically whether or not there will be a formal Data Safety Monitoring Board (DSMB) or Data Monitoring Committee (DMC).

What should a Data Safety Monitoring Plan (DSMP) contain?

  1. Study Risk Assessment
  2. Description of anticipated adverse events and their expected frequency
  3. Describe the steps you will take to minimize the risks/discomforts to subjects
  4. Description of safety monitoring
  5. Describe which research results, if any, will be made available to subjects and/or to their physicians
  6. Description of how AEs (adverse events) are graded
  7. Plan for AE reporting
  8. Describe who will perform the safety reviews: Individual versus Contracted Research Organization (CRO), or a Data and Safety Monitoring Board (DSMB).

If a Data and Safety Monitoring Board is required, please include specified description.

See the Data Safety Monitoring Protocol Library for example plans

What is the process to achieve approval from the Committee on Human Research (CHR) and what is the timeline?

Studies are placed on the agenda in order of receipt of a fully completed application.

There are a number of factors that affect turnaround time including type of application, quality of application, expertise of members available for review, quality of other applications at meeting and staffing levels.

The average turnaround times for the following applications are:

  • Full Committee 6-8 weeks
  • Expedited Review 2-6 weeks
  • Exempt* 1-2 weeks

*Note: Exempt applications are reviewed in the Committee on Human Research (CHR) Office, and are not included on the Committee agenda.

If biological specimens will be shared with the company, how is this accomplished?

A material transfer agreement (MTA) is required for transferring material from your laboratory to commercial organizations. This form must be signed by the Technology Management Group of the Office of Innovation, Technology & Alliances (ITA). See Industry UCSF Web Site for details.

How do I know if a protocol is feasible?

A checklist for determining protocol feasibility can be found here.

Do I need to develop a tissue or specimen bank?

Tissue Banks and Repositories: Various terms are used to designate the storage sites for human biological collections.

Repository is a term usually applied to large formal collections of specimens and/or data. Examples include
the Cooperative Human Tissue Network and the Armed Forces Repository of Specimen Samples for the Identification of Remains (AFRSSIR).

  • Banks with Extracted DNA and/or RNA refer to facilities that store extracted nucleic acids. For example, the DNA Bank at UCSF isolates and stores DNA for CHR-approved studies in a monitored environment ensuring sample quality and data security.
  • Tissue bank generally refers to smaller collections of specimens, which may be specific to an institution, disease, or even to specimens in a researcher's freezer. Examples include the Department of Neurological Surgery and the UCSF Comprehensive Cancer Center Tissue Core.

(IMPORTANT NOTE: "Tissue banking" also refers to tissues, cells and organs collected and processed for transplantation. Tissue banks engaged in transplantation services are subject to FDA oversight under Section 361 of the Public Health Service and 21 CFR Part 1270. The American Association of Tissue Banks is an excellent source of information regarding the regulatory standards, certification, and accreditation of tissue banks that provide materials for transplantation.)

For information about banking, please see the UCSF Guide for the Research Use of Human Biological Specimens: Collecting, Banking and Sharing Specimens (page 6 and page 23).

What do I need in order to work with stem cells?

You must comply with multiple State and Federal guidelines, regulations, statutory restrictions, and UCSF policies. Many of the regulatory requirements and restrictions are expected to change in the near future. Faculty applying for funding for such research should review the latest information available at this site before submitting an application: http://www.research.ucsf.edu/SC/index.asp

How do I interact with the Committee on Human Research (CHR)?

Allow up to a couple of months for the application process (see "what is the timeline" above). Information about applying and reporting to the CHR is available here. CHR (476-1814) provides an analyst on duty who is always available to answer questions. CTSI regulatory consultants are also available to assist investigators.

What is a multi-center clinical trial?

A multi-center clinical trial is one that is conducted at more than one medical center or clinic.

Are there regulatory requirements if I eventually wish to be a principal investigator for a multi-site trial?

University policy defines principal investigator (PI) status as the eligibility to submit proposals for research, training, or public service contracts or grants to extramural agencies, subject to approval of the appropriate department chair/ORU director and dean. Individuals who submit applications to the Committee on Human Research and the Committee on Animal Research must also hold PI Status.

Academic appointees in the following title groups are eligible to submit proposals for extramural support provided that the appointments are at 50% or more and they have received the approvals mentioned above: 1) Professor, Associate Professor, Assistant Professor, and Instructor; 2) Professor In Residence series; 3) Professor of Clinical X series; 4) Adjunct Professor series; 5) Clinical Professor series; 6) Professional Research series, and; 7) Librarian series.

Individuals who are not eligible for PI status by virtue of their appointments must be approved for PI status when submitting contract and grant proposals and/or applications to the Committees on Human and Animal Research. Request PI Status with the form available online at PI Status. This completed form must be submitted with the contract or grant proposal and/or with the application to the Committee on Human or Animal Research. Approval may be granted for 6 months.

Investigators who will work with human subjects must complete the UCSF Research Online Human Subjects Training before the Committee on Human Research (CHR) gives final approval. The CHR tracks this online training to document compliance with Federal training requirements. UCSF also requires completion of an online HIPAA research training module. For other clinical training and links to useful clinical services see What Research Services are Available at UCSF? in this Quick Guide.

Can I do this as a junior faculty member?

Yes. If you are the principal investigator (PI), you must be a UCSF faculty member who meets the eligibility requirements for PI status on grant applications. For more information, see Principal Investigator Eligibility.

For studies conducted under the auspices of an affiliated institution (e.g., SFVAMC, UCSF-Fresno, SFDPH) the individual listed as the PI must meet eligibility criteria defined by that institution.

Postdoctoral Fellows are now allowed to serve as PIs on CHR applications if the following two conditions are met:

  • A UCSF faculty member who would otherwise qualify as a Principal Investigator is identified as the Co-PI on the application, and
  • A cover letter from the Co-PI faculty member is attached to the application stating that he or she agrees to serve as faculty support and/or a mentor to the Postdoctoral Fellow.

If you are a co-principal investigator (Co-PI), you must be faculty, staff, or a student at UCSF or one of the institutions that have signed agreements designating UCSF's Committee on Human Research (CHR) as their Institutional Review Board (IRB). The Co-PI must be prepared to assume some of the responsibilities of the PI when the PI is unavailable and, thus, cannot be at an unaffiliated institution. Please see PI Eligibility.

2.4. How do conflict-of-interest rules differ for clinical studies?

  • Any investigator receiving private funding for a clinical study must disclose according to State laws AND eliminate all income/equity/management relationships DURING THE STUDY.
  • An investigator conducting a privately sponsored non-clinical study must disclose per State laws.
  • The UCSF Chancellor's Conflict of Interest Advisory Committee (COIAC) will determine what, if any, management strategies are necessary.
  • An investigator may (usually) consult for a company sponsoring their research if the topics do not overlap, the study is non-clinical, and all financial relationships are disclosed.
  • The COIAC and the Executive Vice Chancellor determine whether the consulting activities are acceptable. The strict ban applies only to clinical studies.

For more information, see the COI website.

2.5. What other regulatory issues are important?

Complete Investigational New Drug (IND) information available at the FDA:

US FDA, Vaccines, Blood & Biologics
US FDA, IND Forms
US FDA, PRE-IND Consultation Contacts
UCSF, The Human Research Protection Program

Clinical Trials Glossary

3.0. Consulting for a company (click on questions to view answers)

3.1. Who is allowed to consult for a company?

Generally, PIs and academic personnel are allowed to consult for a company. Please review the questions below for further details.

Can I consult for a company?

Yes, if you are a member of any faculty and other academic employees (governed by specific Departmental and/or School rules; check your Department's compensation plan).

Can my postdoc/specialist consult for a company?

Yes. All academic employees (faculty, specialist series, postdocs) may consult, subject to rules of their departments. Please note that any consulting agreements must be reviewed by your Dean's office and by Risk Management Services (BARMS).

Does there need to be an agreement in place to do so?

Yes. It is in the best interest of both you and your client to have a written agreement to avoid confusion, disagreement, and unpleasant surprises at a later date. Because consulting is an activity you do on your own time, the consulting agreement is personal to you and the University will not negotiate it for you. Nonetheless, is it important you do not sign a consulting agreement that puts you in conflict with your obligations to the University. To that end, both you and your client company should review UCSF Academic Affairs consulting guidelines.

Am I limited in the amount of time I can spend in such activities?

Yes. Each School has its own policy, with variations by Department. For example, the School of Medicine limits outside consulting activities to 21 days (168 hours) per fiscal year unless service is provided to governmental agencies. Please contact the Dean’s Office for your School.

3.2. What is the distinction between giving professional advice to a consulting firm for an hour and being a consultant for a technology company for an extended period of time?

Consulting typically involves giving expert non-proprietary advice, reviewing data, helping to design experiments, etc., for a biotechnology or similar company. That company is doing the primary research. Such relationships are frequently long-term relationships and are governed by contract. Providing non-proprietary knowledge in a given area to a consulting company that is attempting to learn about the important issues of your field is typically a less formal relationship, frequently a one-time fee-based conversation, and does not require an official agreement. (Any discussions with an outside entity that involve proprietary information are governed by strict University rules; see section on Confidentiality Agreements.)

3.3. What do I need to know regarding my compensation for consulting?

It is important to spend some time thinking about what you would like to charge. In addition, you should be aware of a variety of logistical considerations that are described below.

What is the difference between a consulting fee and an honorarium?

A consulting fee is compensation for consulting based on an official contract between the University and the consultee. It is governed by the Dean's Office compensation plan and cannot be paid directly to the consultant; it must be paid to the University and disbursed to the consultant according to departmental policy. An honorarium is a professional fee paid for services such as giving a talk or providing knowledge.

Should I request a monthly or hourly consulting fee?

Because consulting is an activity you do on your own time, the consulting agreement is personal to you. The University will not negotiate it for you or advise you about any aspects of it other than its impact on your obligations to the University.

How do I know what is a reasonable amount to charge for consulting?

Because consulting is an activity you do on your own time, the consulting agreement is personal to you. The University will not negotiate it for you or advise you about any aspects of it other than its impact on your obligations to the University.

Does payment go to me or UCSF? Does it support salary or research costs?

The payment goes to UCSF initially. The consultant typically has the option of having the fee added to a paycheck or to have it deposited in an account for research support. Various taxes on the level of the School may apply depending on the amount and the situation.

3.4. What is the distinction between consulting and collaborating?

A collaboration is mutually beneficial to both the investigator and the company, an agreement entered into to work on a project together. Consulting involves imparting expert knowledge to a project of interest to the company.

Can I do both simultaneously with the same company?

This is allowed if the collaborative project does not overlap with the project under consultation. However, if either project is a clinical study, this is not allowed. If no money is exchanged then one can consult and do a collaboration if their consulting does not take place on campus or overlap with the research done on campus.

4.0. Meeting with company representatives (click on questions to view answers)

4.1. Do I need to worry about my discussions with the company where I will likely share unpublished data?

It is very important to protect your intellectual property. As a result, you should review the questions below to understand some of the scenarios that may arise.

Is it helpful to have University representatives who support academic/industry alliances at the meeting?

If you plan to share information regarding technology you have on file with the Office of Innovation, Technology & Alliances (ITA) Technology Management Group, contact that office before disclosing this information to the company so that proper safeguards can be implemented to protect the University's IP rights in this information. If you plan to discuss any confidential information, contact the ITA's Industry Contracts Group to put a confidentiality agreement (CDA) in place.

What are my goals in the initial meetings?

The goal of an initial meeting is to explore and identify mutual interest, and to define next steps in the discussion toward forming a collaboration or entering into a sponsored agreement. Ultimately, the parties' ability to identify mutual interests and to demonstrate value to one another will dictate whether an ongoing relationship forms.

Should I be discussing intellectual property?

The intellectual property you have already developed or have conceived of developing is often critical to your ability to successfully engage an industry partner. Therefore, you will need to discuss intellectual property to some degree at some point but doing so at the wrong time or in the wrong way can destroy its value. Before sharing any information you have not already disclosed to the public, you should contact the Office of Innovation, Technology & Alliances (ITA) Technology Management Group which will develop a disclosure strategy for you and put in place any safeguards needed to maintain the value of the intellectual property.

What is a secrecy, confidentiality, or non-disclosure agreement and how do they work?

These are legal documents signed by both parties that determine what information that is disclosed during the meeting can be discussed publicly. See below for more information.

Can I get support to put such an agreement in place?

Yes, if the discussion is on University-related business, that is, not for personal gain. University policy is that if you are only receiving information, then you should execute an agreement on your own behalf. If you wish to obtain guidance on the language in this agreement you should contact the Office of Innovation, Technology & Alliances (ITA) Industry Contracts Group.

Can I give them my own confidentiality agreement form?

No.

Is there a UCSF standard CDA form?

When a mutual CDA is needed, please contact the Industry Contracts Officer assigned to your department. This list of assignments is available from the Industry Contracts Group, Office of Innovation, Technology & Alliances (ITA).

What is a 2-way confidentiality agreement?

A 2-way or mutual CDA is a contract between two or more parties that defines what information exchanged by the parties will be confidential and how the use and distribution of confidential information will be restricted. A CDA is an essential first step in any meaningful business discussion, and is often a measure of the seriousness of the parties.

Are there basic rules about what is reasonable or unreasonable in such an agreement?

You should contact the Office of Technology, Innovation & Alliances (ITA) Industry Contracts Group. Their staff will develop a disclosure strategy for you and put in place any safeguards needed to maintain the value of existing and future intellectual property.

Do I need a CDA when giving a seminar at a company?

Before sharing any information with a company that you have not already disclosed to the public, you should contact the Industry Contracts Group of the Office of Innovation, Technology & Alliances (ITA). It will develop a disclosure strategy for you and put in place any safeguards as needed to maintain the value of the intellectual property.

5.0. Material transfer agreements (MTAs) (click on questions to view answers)

5.1. What is an incoming material transfer agreement (MTA)?

An incoming MTA is a legal document used when you wish to obtain and use material or intellectual property owned by a party outside of UCSF. The use of material owned by a company will typically involve an incoming MTA. Other academic researchers frequently use MTAs as well. See the links below for further information.

If I wish to request outside materials, which office do I contact?

The Industry Contracts Group of the Office of Innovation,Technology & Alliances (ITA).

What information do I need to provide?

The Industry Contracts Group of the Office of Innovation, Technology & Alliances (ITA) will provide you with a questionnaire that must be completed.

Who signs incoming MTAs, me or UCSF?

The Industry Contracts Group of the Office of Innovation, Technology & Alliances (ITA) is the only entity authorized to execute incoming MTAs at UCSF.

What are some of the limitations that can be put on my future research by the language in some incoming MTAs?

By conducting research on materials secured under a restrictive MTA you may: (i) forfeit ownership to the results of your research to the material provider; (ii) not be allowed to publish your research; (iii) inadvertently violate the terms of the MTA and be sued by the material provider; or (iv) lose all future income from any inventions created using the material. The Industry Contracts Group of the Office of Innovation, Technology & Alliances (ITA) negotiates the terms of MTAs to specifically protect the rights of faculty. MTAs are legal contracts and should be respected accordingly.

Is a MTA from industry treated differently than a MTA from academic researcher?

Yes, MTAs from industry are negotiated by ITA's Industry Contracts Group. MTAs from academic researchers are negotiated by the Office of Technology Management.

5.2. What is an outgoing materials transfer agreement (MTA)?

An outgoing MTA is the legal document used when another researcher outside of UCSF wishes to obtain and use material or intellectual property that you own. See the following links for further information.

If I wish to send out materials, which office do I contact?

Contact the Office of Innovation, Technology & Alliances (ITA) Technology Management Group for all outgoing transfers except for the outgoing transfer of human clinical specimens. Outgoing human specimen transfer is handled by ITA’s Industry Contracts Group.

What information do I need to provide?

At a minimum, the Office of Innovation,Technology & Alliances (ITA). Technology Management Group will need to know: a) if the recipient is a for-profit or non-profit organization, b) if you are a Howard Hughes Medical Institute (HHMI) employee, c) if the material you are providing contains proprietary material(s), in whole or in part, that you obtained from an entity outside of UCSF that is not a commercial supplier.

Which office is responsible for outgoing MTAs?

Contact the Office of Innovation, Technology & Alliances (ITA). Technology Management Group for all outgoing transfers except for the outgoing transfer of human clinical specimens. Outgoing human specimen transfer is handled by the Industry Contracts Division of the Office of Sponsored Research.

Do I need to be concerned about protecting a patent position or other intellectual property?

Yes. Providing materials can trigger the "public use" patent bar which can destroy the patent rights in patentable materials if no patent application has been filed. Contact the Office of Innovation,Technology & Alliances (ITA). Technology Management Group to discuss.

6.0. New technology platforms (click on questions to view answers)

6.1. A company contacts me and offers to loan me a new technology platform to test either in my own laboratory or in the core facility that I direct. Is this okay?

Yes, if a contract defining the terms and conditions for the placement of the equipment on University property and the use of the equipment is executed by the University and the company.

6.2. What office can help me understand how to proceed?

Contact the Executive Director of Procurement Business Contracts (415-502-3037).

6.3. Do I need an agreement?

Yes, contact the Executive Director of Procurement Business Contracts (415-502-3037).

6.4. Could I recharge for a service on the instrument if it goes in a core facility?

Please contact the Industry Contracts Group (ICG) of the Office of Innovation, Technology & Alliances (ITA) to determine whether it is permissible to recharge for use of the equipment or testing performed using the equipment. Serious legal penalties may apply for billing any government program for services if the equipment used was loaned or gifted to the University.

6.5. Can I get education and training on the instrument as part of the deal?

Yes.

6.6. Can they remove it whenever they want?

No. Placement and removal of the equipment needs to be defined in a contract between the University and the company providing the equipment.

7.0. Licenses, technology assessment, and company formation (click on questions to view answers)

7.1. If I invent something what do I need to do to disclose and protect the invention?

Click on the links below for information about the issues relevant to protecting your intellectual property.

Which UCSF office is responsible for assessing my new invention and determining what to do with it? Whom do I contact?

Although you made a new invention, under the prevailing State labor laws, you do not own it. The technology that you created at UCSF belongs to your employer, the Regents of the University of California, and it is managed as an asset of the State of California by UCSF's Office of Innovation,Technology & Alliances (ITA) Technology Management Group. This office has authority from the Regents to make all decisions regarding UCSF intellectual property. Thus the Office is responsible for determining what to do with the invention, including what kind of intellectual property protection to seek, if any, and whether forming a company based on the technology is warranted. For more information, go to Office of Innovation, Technology & Alliances (ITA) Technology and visit such sites as: a) "IP Management Overview: Technology Transfer - A Brief Survey: Facts, Strategies & Tactics", b) "Frequently Asked Questions", c) "Working with the ITA", and d) "Laboratory Notebooks".

It is imperative that you notify the Office of Innovation,Technology & Alliances (ITA) Technology Management Group about the invention you made as soon as you have made it which means before you write the manuscript, meeting abstract or schedule a talk.

Waiting until the 11th hour in this way seriously limits the ability of the Office of Innovation, Technology & Alliances (ITA) Technology Management Group to do a proper assessment of the opportunity the invention might afford.

Who will help me find a company who is interested in the invention I made?

If the Office of Innovation, Technology & Alliances (ITA) Technology Management Group determines the invention is a suitable candidate for commercial use and/or commercial development, the Office will develop and implement the necessary marketing strategy using its own information and contacts as well as any information you can provide about potentially interested companies.

How do I know whether to further develop my invention myself, or with a partner?

Although many University inventions may be patentable, many cannot be licensed without more work being done to establish proof-of-concept. The more value the inventor can build in the invention by advancing it, the easier it will be to license and the more attractive the license terms will be for the University and the inventor (who shares in the resulting license income). The decision to develop your invention yourself or with an industrial partner is a function of whether you have the requisite know-how and resources available to you at UCSF to advance the technology. Partnering with a company can provide access to special expertise, reagents, assays, equipment, know-how, databases, people and funding that can make a significant difference to your technology while at the same time possibly providing an immediate licensee if the partner is sufficiently interested in your technology to exercise its commercial rights provided in the research agreement.

8.0. Other considerations when dealing with industry (click on questions to view answers)

8.1. What happens if I leave UCSF?

If you want to take research materials you created at UCSF with you to your new employer, contact the Office of Innovation, Technology & Alliances (ITA) Technology Management Group to negotiate an MTA with your new institution. For materials that are human clinical specimens, contact ITA's Industry Contracts Group.

How portable is a sponsored research grant?

A sponsored research agreement can be transferred from UCSF to another institution. This takes the approval of the department chair or ORU director. The award to UCSF must be terminated and the new agreement executed between the sponsor and the new institution. All the results and any discoveries made for the work done at UCSF remain the property of the Regents of the University of California.

How portable are biological specimens if I continue my research?

If you want to take research materials you created at UCSF with you to your new employer, contact the Office of Innovation, Technology & Alliances (ITA) Technology Management Group to negotiate a materials transfer agreement (MTA) with your new institution. For materials that are human clinical specimens, contact ITA’s Industry Contracts Group.

8.2. Are there special rules for protected info/technology if I work with an international company?

U.S. Federal Export Laws are regulations that control the conditions under which certain information, technologies, and commodities can be transmitted to anyone overseas, including U.S. citizens residing in or traveling to a foreign country, or to a foreign national within the U.S., and provide severe penalties for violations of the regulations.

Individuals planning to:

  1. pursue research sponsored by a foreign company,
  2. transfer information or materials to a foreign person or company, or
  3. travel to an embargoed country (Cuba, Iran, North Korea, Sudan, and Syria) with, for example, a personal computer or PDA, need to contact the Industry Contracts Group of the Office of Innovation, Technology & Alliances (ITA) to determine whether a license is required from the federal government for the contemplated activity. Failure to secure a license could result fines of up to $1M per incident and prison.

8.3 Are there differences in the way most companies are handled vs. Mission Bay research park companies?

Sponsored agreements with companies located in the Mission Bay research park are negotiated and processed in exactly the same manner as sponsored agreements with any other company. Companies in the Mission Bay research park are able to secure some specific services through UCSF; however, these services are not related to independent or collaborative research under a sponsored agreement.

9.0. General resources & contacts

  • For issues about sending YOUR materials outside of UCSF, disclosing a new invention, licenses to your technology or possible company formation around your invention please contact the Office of Innovation, Technology & Alliances (ITA) Technology Management Group at 415-502-1000.
  • For assistance with strategy for establishing new industry alliances, please contact the Office of Innovation, Technology & Alliances (ITA) Strategic Alliances Group at 415-502-1000.
  • For training and support for entrepreneurial activities, please contact the Office of Innovation, Technology & Alliances (ITA) Entrepreneurship Center at UCSF at 415-502-1000. Or see the Office of Innovation, Technology & Alliances (ITA) website.
  • General ITA contact: ita@ucsf.edu or 415-502-1000
    See the ITA organization chart for additional contacts (pdf 63KB)
  • For assistance with strategy for establishing new industry alliances as part of QB3 please contact
    Doug Crawford: douglas.crawford@ucsf.edu
    Office: 415-514-4408
    Fax: 415-514-4661

Search Industry Alliance Knowledge Base

Contact Information Guide

For information about agreements necessary for working with industry and/or to obtain materials for research from industry, contact:
• Industry Contracts Division -
Jim Kiriakis 415-502-1604 or
Irene Shin 415-502-1602
• The manager/MSO of your department or ORU
For issues about sending YOUR materials outside of UCSF, disclosing a new invention, licenses to your technology or possible company formation around your invention contact:
• Joel Kirschbaum Director, Office of Technology Management, 415-353-4462
For assistance with strategy for establishing new industry alliances:
• In the School of Medicine, please contact Sandy Butler 415-476-4358, assistant to the Director of Research Technologies and Alliances, School of Medicine Dean's Office,
415-476-8824
• As part of QB3, please contact
Doug Crawford QB3 Associate Director, 415-514-4408

Feedback?

Please send any input on this knowledge base, including feedback and corrections to ctsi@ucsf.edu for review by the group.

Contributors

The creation of this knowledge base was facilitated by Teri Melese, PhD and Matt Springer, PhD with input from a range of UCSF faculty as well as the Assistant Vice Chancellor, Office of Innovation, Technology, and Alliances (ITA) Erik Lium, PhD, the Director of the Office of Technology Management Joel Kirschbaum, PhD, Marlene Berro, MS, Elizabeth Boyd, PhD, Douglas Hanahan, PhD, Randall Lee, MD, PhD, and the Research Administration Board.

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