What is Virginia Tech’s policy on publication of research results?

Virginia Tech’s mission statement emphasizes that the discovery and dissemination of new knowledge are central to the University’s mission. A major consideration in the University entering into research agreements is the ability to publish student theses and scholarly papers derived from the effort. The research agreement should not restrict such publication. Virginia Tech should retain the right to publish any and all research of the project.

Should the Sponsor have right to review intended publications?

Yes. The Sponsor should have the opportunity to review the publication to identify any Sponsor confidential information or patentable subject matter.

Should the Sponsor have the right to approve intended publications?

No. Approval rights could prohibit Virginia Tech from any publication.

What time limits should be allowed for Sponsor review?

The Sponsor should have 30 days to review and notify Virginia Tech of confidential and/or patentable information in the publication. This time can be extended up to an additional 60 days with agreement of the Principal Investigator. Any further extension would require a written agreement.

Can the initial time for review be more than 30 days?

Yes. For good cause, the initial review period could be for more than thirty days, but no more than 90 days, provided the Principal Investigator agrees to this during negotiations. However, make sure the PI realizes that this is adding 2 months to his publication time now. With the standard clause, he has the option to agree to the extended time once he knows the specific concerns of the Sponsor with the intended publication.

The circumstances must be unusual before you provide more than 30 days for review. Please keep in mind that many publications are linked to a student's thesis or dissertation and we do not wish to jeopardize a student's ability to graduate.

What exception can be taken to clauses that attempt to restrict publication?

As a state educational institution, Virginia Tech has the responsibility and obligation to publish the results of research. A major consideration in the University entering into research agreements is the ability to publish student theses and scholarly papers derived from the effort. Publications must be timely to maintain the basic research exemption available to Virginia Tech under the federal export control laws. Accordingly, Virginia Tech can not agree to any provisions which would unduly restrict publication of research results.

Virginia Tech will be free to publish the results of the research after providing the Sponsor with a thirty (30) day period in which to review each publication to identify patentable subject matter and to identify any inadvertent disclosure of the Sponsor’s proprietary information.  If necessary to permit the preparation and filing of U.S. patent applications, the Principal Investigator may agree to an additional review period not to exceed 60 days. Any further extension will require subsequent written agreement. Virginia Tech may assume de facto agreement to publishing if no comments are received within the review period.