Funding
FAPESP Intellectual Property Policy - valid as from February 1st, 2024
3. Ownership of the Intellectual Property generated in projects supported by FAPESP
4. Management of the Intellectual Property generated in projects supported by FAPESP
a) Technological Innovation Center (NIT): Technological Innovation Center, or Innovation Agency, or equivalent body dedicated to the management of Intellectual Property.
b) Host Institution: university or research Institution that hosts or has hosted the Grant or Scholarship/Fellowship awarded by FAPESP.
c) Principal Investigator: the Principal Investigator of the Grant or Scholarship/Fellowship awarded by FAPESP that generated the Intellectual Property to be protected and licensed.
d) Host Company: the company that hosts or has hosted Innovative Research in Small Business Program (FAPESP-PIPE) projects awarded by the Foundation.
a) Principal Investigators are expected to publish the results of projects carried out with the support of Grants and Scholarships/Fellowships awarded by FAPESP.
b) Principal Investigators are expected to share with other researchers the primary data, samples, collections, and other supporting materials created or collected in the course of their work under FAPESP’s support.
c) Principal Investigators and Host Institutions are expected to share software and inventions created under the scope FAPESP’s support, or to make their products widely available and usable, either free of charge, through licensing to companies, or even through the creation of companies for this purpose.
d) FAPESP allows the Host Institution to hold the legal Intellectual Property rights developed by its researchers with FAPESP’s support, as a way of encourage the development and dissemination of inventions, software, and publications, as well as to enhance their usefulness, accessibility, and further development.
d.1) This, however, does not diminish the responsibility of the Principal Investigator, their team, and the Host Institution, as members of the research community, to make results, data, and collections available to other researchers.
e) Host Companies of Innovative Research in Small Business Program (FAPESP PIPE) projects are expected to exploit the results of research supported by FAPESP in the exercise of their business activities.
f) Principal Investigators, Host Institutions, and Host Companies are expected to keep FAPESP informed about the existence of any intellectual property resulting from Scholarships/Fellowships and Grants awarded by the Foundation.
3. Ownership of the Intellectual Property generated in projects supported by FAPESP
3.1. When the Host Institution is a university or research institution
3.1.1. The Host Institution will own intellectual property and be responsible for all arrangements related to its protection and exploitation.
3.1.2. The Host Institution will be responsible for providing all necessary support to its affiliated researchers in any negotiations involving intellectual property.
3.1.3. Every year, for monitoring purposes, the Host Institution should send FAPESP an informative report containing:
a) Indication of the intellectual property that was protected during the period, including the filing date, title, inventors and their respective institutional affiliation, holders, as well as the corresponding FAPESP process number.
b) Information on intellectual property exploitation agreements signed during the period.
3.1.3.1. The report should be emailed to nuplitec@fapesp.br, by March 31st of the subsequent year to which the annual report refers.
3.2. In the case of projects executed in companies
a) The Host Company will hold the intellectual property rights resulting from the project and will be exclusively responsible for their protecting and exploiting.
b) For filing and monitoring purposes, the Host Company will send FAPESP a copy of any and all records, amendments, or extensions of Intellectual Property resulting from the project supported by the Innovative Research in Small Business Program (FAPESP PIPE).
c) Any dispute involving intellectual property resulting from projects supported by FAPESP is the sole responsibility of the Host Company, which will hold FAPESP harmless from any liability related to such disputes.
4. Management of the Intellectual Property generated in projects supported by FAPESP
The NITs (Innovation and Technology Centers) and Innovation Agencies or similar bodies at the Host Institutions should manage the Intellectual Property generated in projects supported by FAPESP. In the case of the Innovative Research in Small Business Program (FAPESP-PIPE), responsibility for protecting, managing, and exploiting intellectual property shall lie exclusively with the Host Company.