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Active Grants Research findings
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Before submitting a proposal, applicants should be aware of the Foundation Guidelines set forth below concerning disclosure of research proposals, patents and copyrights.
  1. The Foundation shall attempt to observe the strictest confidence in handling research proposals but cannot ensure non-disclosure in all cases.
    1. Subject to sections C and D below governing patent, copyright and proprietary rights, results of research sponsored by the Foundation shall be made available to the world scientific community through customary channels, and in accordance with the applicable procedures and policies of the institutions involved.
    2. There shall be no restrictions on the publication of information, subject to paragraph 3 below and the provision governing copyrights set forth in section D below.
    3. The Foundation shall ensure that proprietary information is respected and shall not disclose any such information without the consent of the originating party. Information may be identified as 'proprietary' if a person having the information may derive an economic benefit from it or may obtain a competitive advantage over those who do not have it, the information is not generally known or publicly available from other sources, and the originating party has not previously made the information available without imposing in a timely manner an obligation to keep it confidential.
      1. Each Foundation grantee shall communicate to the Foundation information on any invention resulting from Foundation sponsored or supported research within two months of becoming aware of the invention.
      2. Within two years of the communication to the Foundation pursuant to paragraph (a) above, the grantee shall inform the Foundation whether it intends to elect to file for patent protection and the countries in which it intends to file.
    2. Subject to paragraph 3 (b) below, the Foundation shall not disclose information acquired pursuant to paragraph C (1).
      1. The grantee shall be entitled to all rights, title and interest to the invention in all countries provided that the grantee files: (i) its initial patent application within one year of informing the Foundation of its intent in accordance with paragraph C (1) (b) above, and with respect to any applications in additional countries within ten months of initial filing; or (ii) prior to any statutory bar date under the applicable laws of the countries in which patent protection is sought, whichever is earlier.
      2. Once the time period specified in paragraph (a) above has elapsed, the Foundation shall be entitled to all rights, title and interest to the invention in all remaining countries, and the non-disclosure provision of paragraph 2 will no longer apply.
      3. Patent rights of the grantee and the Foundation are subject to the applicable laws of the countries in which patent protection is sought.
    3. For any Foundation sponsored or supported research for which the grantee holds a patent in a particular country, the Foundation shall be entitled to 5% of the royalties (computed after payment of costs related to the patent application and its maintenance) from the manufacture, use or sale of the invention in that country. Royalties received by the Foundation shall be used to further the purposes of the Foundation. Article (4) substitutes previous stipulations regarding royalty rate of return on BSF supported research.
    4. The Governments of the United States and Israel shall be entitled to irrevocable, non-exclusive, royalty-free licenses to use for non-commercial and government purposes any invention referred to in paragraph (1) above within their respective countries or within any third countries.
    5. The Foundation shall have the right to require the grantee(s), its assignee or exclusive licensee to grant a non-exclusive, partially exclusive or exclusive license to a responsible applicant(s) within the United States or Israel and upon terms that are reasonable, if the grantee(s), its assignee or exclusive licensee has not taken or is not expected to take effective steps to achieve practical application of the invention in the United States or Israel. For the purposes of these Guidelines, the term "practical application" shall mean: the manufacture in the case of a composition or product, the practice in the case of a product or method, the operation in the case of a machine or system, under such conditions as to establish that the invention is being utilized and that its benefits are available to the public on reasonable terms.
    6. Any licensing agreement entered into by the grantee(s) or its assignee shall describe the Foundation support for the research leading to the invention.
    7. Grantee(s) shall execute or have executed and promptly deliver to the Foundation all instruments necessary to: (i) enable the Governments of the United States and Israel to establish or confirm rights conferred under these Guidelines; and (ii) convey title to the Foundation and enable the Foundation to obtain patent protection pursuant to paragraph (3) above.
    1. Copyrights of Foundation grantees and other persons shall be accorded terms consistent with applicable international agreements and internationally recognized standards of protection.
    2. Except as otherwise specified in the grant letter, the grantee(s) may own or permit others to own copyright in all writings produced in the performance of work under a grant. The grantee(s) agrees that if it or anyone else owns copyright in a writing, the Foundation and the Governments of the United States and Israel shall have nonexclusive, nontransferable, irrevocable, royalty-free licenses to exercise or have exercised for or on their behalf throughout the world all exclusive rights provided by any copyright. Such licenses will not include the right to sell copies of the copyrighted work to the public.
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