Bayh-Dole Certification

The Bayh–Dole Act or Patent and Trademark Law Amendments Act is federal legislation enacted in 1980 that specifies how intellectual property (IP) arising from federal government-funded research is handled. In short, the act permits universities that receive federal funding to own IP and inventions that result from the research, rather than assigning inventions to the federal government.

Recently, several regulatory revisions of the Bayh-Dole Act went into effect that clarify certain definitions, reduce compliance burdens, simplify the electronic reporting process, and require written agreements between grant recipients and their employees. To ensure compliance with these new revisions, Ohio State researchers – faculty, staff and students – that currently work on federal grants need to sign an agreement stating that any intellectual property that comes out of federally sponsored research is assigned to Ohio State.

Nothing has changed in the way we conduct research or handle ownership of intellectual property protection as a result of these revisions. The Bayh-Dole Act and its revisions remain consistent with Ohio State’s Intellectual Property policy. The new federal regulatory revision simply requires a specific written statement from researchers, where previously this agreement was implied from the federal regulations and Ohio State’s IP policy

This is a one-time requirement that should take only a few minutes to complete, and researchers will only need to sign the form one time. After the form has been signed, it will be noted for each PI in the Study Team Lookup database.

 

Sign the Intellectual Property Agreement form

 

IP Assignment FAQs

Why is this agreement now required?

Recently, several regulatory revisions of the Bayh-Dole Act went into effect that clarify certain definitions, reduce compliance burdens, simplify the electronic reporting process, and require written agreements between grant recipients and their employees. To ensure compliance with these new revisions, Ohio State researchers – faculty, staff and students – that currently work on federal grants need to sign an agreement stating that any intellectual property that comes out of federally sponsored research is assigned to Ohio State and not to the federal government.

What does the agreement require?

The agreement is an acknowledgement of the responsibilities for researchers developing intellectual property under the Bayh-Dole Act. These responsibilities include: disclosing inventions for any intellectual property through the Corporate Engagement Office; assigning and transferring intellectual property rights to the university; participation in IP protection; and ensuring that everyone working under a funding agreement has signed the Bayh-Dole agreement.

How do I access the form?

The form can be accessed at: http://go.osu.edu/ipa-form. You will need to log in so certain information will be pre-populated and attached to your PI file upon completion.

By what date do I need to sign the certification to be in compliance?

Friday, February 14, 2020 for current federal grants. In the case of new federal grants awarded after January 13, 2020, if the PI has not previously signed the agreement, the form must be signed before the grant agreement can move forward.

How can I check to see who is in compliance on my team?

All PIs and their teams will receive an email about this new requirement for current federal grants, followed by an agreement to complete and become compliant by Friday, February 14, 2020. For new federal grants awarded after January 13, 2020, the Office of Sponsored Program will check the Study Team Lookup database and if the form has not been signed the researcher will be asked to do so before the grant may move forward.

To verify that your research team members are in compliance, please check the Study Team Lookup database.

How long does this certification last?

Researchers need only sign this certification once as it will last throughout your employment at Ohio State. It covers all future federally-funded research.

Where is this certification retained?

The form is retained as part of the PI’s file in the Study Team Lookup database.

What happens if I do not sign the certification?

Starting January 13, 2020, if the form has not been signed previously, researchers will be asked to sign before the project agreement can be accepted by Ohio State.

How does this affect Ohio State’s Intellectual Property Policy?

The new federal regulatory revision simply requires a specific written statement from researchers, where previously this agreement was implied from the federal regulations and Ohio State’s Intellectual Property policy.

Are there resources to help PIs ensure everyone who works on the grant signs the agreement?

While we will continue to explore other options, the Office of Research does not maintain a central list of grant appointees. As such, it is the responsibility of the lead PI on the project to notify researchers, including Ohio State faculty, staff and students, that they need to sign the form.

As part of any paperwork given to people working on the project, please provide the agreement’s address (http://go.osu.edu/ipa-form) and ask them to sign the form before they begin work on the grant. You can direct them to this website if they have further questions: https://research.osu.edu/award-lifecycle/bayh-dole-certification/.

How are sub awardees and external collaborators handled? Do they need to sign the agreement?

Sub awardees and external collaborators do not have to sign the agreement, because when Ohio State sub awards a federal award to an outside entity, all the federal requirements are passed down to them.

Who should I contact with additional questions?

If you have questions about this agreement please contact your sponsored program officer.