Research and Development Agreement

Usually, when an institution such as a university or a government research center wants to advance knowledge, they partner up with private companies for research.

This arrangement is especially beneficial for smaller tech companies, medical centers, laboratories, and similar.

To outline the terms of this arrangement, they create Research and Development Agreement. This type of agreement is helpful to any partnered efforts to develop new technologies or goods.

What Is a Research and Development Agreement?

Often the motivation behind entering a Research and Development Agreement is about creating new products and making a profit, but not always.

However, as this type of cooperation's results is often emerging technologies, writing a thorough R&D Agreement is essential. Both parties must lay out their backgrounds, elements they contribute to and make a clear division of tasks.

One of the most critical aspects of the Research and Development Agreement is which party will become the owner of the acquired knowledge. Furthermore, this agreement should clearly outline the distribution of cost, revenues, and what happens in the case of a dispute.

Other Names for Research and Development Agreement

Depending on your state, a Research and Development Agreement may also be known as:

• R&D Agreement
• Research & Technology Development Agreement
• Research & Development Framework Agreement
• Joint Research & Development Agreement
• Cooperative Research & Development Agreement

Who Needs a Research and Development Agreement?

Research and Development Agreements are standard between a federal government and small businesses (under 500 employees).

They are also necessary when well-established educational centers such as universities partner with private businesses. Finally, usually, two international companies or research centers use the R&D Agreement. 

Why Use Swyft Forms for Your Research and Development Agreement?

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Research and Development Agreement.

Specific to Your Jurisdiction

Laws vary by location. Each document on Swyft Forms is customized for your state.

How to Create a Research and Development Agreement With Swyft Forms

Writing a Research and Development Agreement may take a lot of time and effort. It's essential to get all the details right, as a mistake can lead to a dispute over intellectual property. That's why having a template is an excellent way to start.

Let Swyft Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Research and Development Agreement?

To create your document, please provide:

• Parties Involved: Names, addresses, and contact information of every party involved in the agreement (private business, government entity, research center, etc.)
• Purpose: A paragraph explaining the goal or reason for entering into this agreement
• Division of Tasks: A clear outline of what each party should contribute during the research and development period
• Duration: How long the deal lasts
• Governing Law: A clause stating which jurisdiction will be in charge in case of a dispute
• Confidentiality: A clause explaining which elements of research must stay confidential
• Distribution of Revenue: If the research yields results, how will revenue be divided
• Intellectual Property: A clause clearly stating who will become the owner of any new technologies
• Signatures: All parties must sign the agreement to make it legally binding

Research and Development Agreement Terms

• Intellectual Property Rights: Legal rights given to the person or institution that has invented or created something unique
• Force Majeure: A "greater force" clause that describes uncontrollable events that may stop any party from completing their contractual obligations
• Patent Protection: Similar to intellectual property rights; exclusive rights to an invention
• Indemnity: An exemption from damages or liability

Research and Development Agreement Signing Requirements

The Research and Development Agreement often contains many clauses and specific instructions on the arrangement between parties.

There must be no confusion or ambiguity about the division of tasks or ownership of inventions. Therefore, it's crucial to review the document carefully before signing. If both parties agree, they should sign the agreement in front of a witness.

What to Do With Your Research and Development Agreement

Once signed, you should distribute the Research and Development Agreement copies to all parties. It's crucial to keep the document somewhere safe as it might be necessary to provide it in case of an unfortunate dispute.