Assessment NERF

Features of the Assessment NERF

  • Upon project approval, a sponsor may elect to negotiate a research agreement which provides the sponsor with a limited-term, commercial, non-exclusive, royalty-free license in a defined field of use for any invention that is conceived or reduced to practice in the performance of the research.     
  • Project approval is required by the researchers that will be involved in the project; their college; and the Vice President of Research.
  • The Assessment NERF is intended to allow sponsor an opportunity to further develop the invention and assess the commercial market for such invention.
  • The Assessment NERF will also allow sponsor the option of extending the non-exclusive license at commercially reasonable rates after the initial term.  The election to extend the license must be provided to NDSU six months prior to the end of the five year term.
  • The funding provided by sponsor for the research project must include all personnel and other expenses reasonably associated with the performance of the research, including an assessment of indirect costs based upon NDSU’s Federally Negotiated Rate.  Research expenses will also include lab/facility rent if the researcher’s regular lab is located in a bond-financed building.
  • NDSU background IP is not included in Assessment NERF, but may be otherwise available on commercially reasonable terms.
  • The maximum term of the Assessment NERF is five years.
  • No sublicensing rights are granted to sponsor.
  • The Assessment NERF is contingent upon sponsor’s continued payment of all patent expenses for the invention and full payment of the research expenses.
  • The license territory is limited to those countries in which sponsor elects to patent invention.
  • These standard terms are not negotiable.  If sponsor desires alternative terms a different invention rights option should be selected.
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