Policy on Use of University at Buffalo Facilities by Companies

From time to time companies have expressed an interest in using UB facilities and equipment to conduct research and development in pursuit of company objectives. UB seeks to provide the benefit of its research resources to companies, engaged in the commercialization of faculty research or using faculty expertise, in order to advance their commercialization efforts.1 UB, at its discretion, will provide companies the opportunity to locate on its campuses for limited periods of time in order to encourage the development of new businesses and/or products that will directly benefit UB and the economic development of New York State.

The Office of the Vice President for Research will review and recommend for approval to the Provost requests for campus facilities use by companies. This policy will also be applied by the Vice Provost for Science, Technology and Economic Outreach in reviewing and approving applications for use of the UBF Incubator in cases where company principals are campus personnel (including State, RF, UBF, and FSA employees and employees of UB practice plan corporations). The following criteria will be used for decision making:

1. Is the company engaged in commercialization of faculty research or using faculty expertise in their research and development plan?
2. Has the company provided a definite plan for relocation elsewhere?
3. Does the grant of facilities use negatively affect ongoing UB research or educational programs?
4. What is the potential economic impact if the product or services of the commercialization effort is successful?
5. Does the grant of facilities use directly compete with local private companies that can provide equivalent facilities and services?
6. Can the company provide compensation to UB providing cost recovery for the facilities use and services?

In negotiating agreements in which UB will provide certain research laboratories and equipment for use by companies, the following guidelines will be used to develop proposed terms:

1. Companies will solely own inventions made solely by company agents, paid or unpaid (including employees, consultants, officers, principals, directors, trustees), within the leased facilities. Inventions made jointly by company and campus personnel within the leased facilities will be owned jointly.
2. In cases where campus personnel are also company officers, consultants, employees, directors, trustees, or principals2 who invent in company leased space, UB will own such inventions unless:
   • The inventions are unanticipated by work proposed by such campus personnel in sponsored programs awarded to UB through the RF or UBF; or
   • The inventions are considered to be outside the scope of such campus personnel’s professional obligations to UB.
3. The decision to grant exceptions to UB or RF ownership, described in point 2 above, will be made according to the provisions of the SUNY Patent Policy and SUNY Software Policy.
4. Companies will provide compensation in the form of cash, grants of equity, grants of royalties on future products (derived from inventions made during the term of agreement), or other acceptable forms in exchange for the facilities use.
5. Companies will pay the commercial rates for UB services from instrument centers, computing facilities and for animal care provided by the Laboratory Animal Facility.
6. To ensure the availability of facilities needed for the university to accomplish its primary missions, short-term facilities use agreements will be preferred. For the purposes of this policy short-term is defined as 1 year or less.

¹As outlined in the “Policy and Guidelines for the Use of State University Facilities by Emerging Technology Enterprises” recommended for adoption by the SUNY Board of Trustees, January 22, 1986.

²If the research interests of the company and the company principals who are UB faculty overlap, separate MOUs will be executed to ensure compliance with other applicable campus and SUNY policies including those governing professional obligations of faculty and conflicts of interest.