For Researchers

Do I need to be aware of any conflicts of interest or conflicts of commitment?

Simply advising startup companies doesn’t create a conflict. However, conflicts can arise if, for example: (a) you or the startup conduct commercial work in your lab, or (b) you are compensated by the startup and advise the startup more than the allowable number of days.

Here’s a good resource regarding conflicts of interests: https://researchcoi.berkeley.edu/faq.html

Note that UC Berkeley has a program administered by IPIRA that enables startups affiliated with the university’s accelerators to conduct...

Do I need to disclose my startup advising to the university?

If you are receiving compensation (e.g. cash or equity) in return for advising a startup, then it’s considered a Category II activity, and accordingly, you need to annually report this activity to the university.

If you are not receiving compensation for your advising, then the activity is not likely to incur the time and responsibility required to merit annual disclosure to the university.

Here’s a good summary of the different categories of activity, and corresponding policies:

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The Licensing Process

Goals

A goal of UC Berkeley’s Office of Technology Licensing (OTL) is to establish license agreements that lead to the fast and broad commercialization of Berkeley technologies to: (1) benefit the public, (2) fund research and education on the campus, and (3) reward inventors for their ingenuity. Therefore, we are motivated to expeditiously negotiate licenses with reasonable terms that consider business plans, market economics, and technology stage.

Timing

The OTL closely monitors the cadence and time it takes to complete a license. Please see below for tips on how to expedite the...

Guides to Industry-University Relationships

Who Should Disclose Inventions

How do you know if you should disclose an invention to the Berkeley Office of Technology Licensing (OTL)? Submit an invention disclosure if any of the following is true. The innovation was created:

by a UC Berkeley employee as part of their scope of employment, or using UC Berkeley research facilities, or using funds administered through UC Berkeley

An invention that meets any of those criteria, and therefore could potentially be owned by the university, must be disclosed to OTL under the UC employee agreement. This ensures the University of...

Guides to Outside Consulting

Annual Reports, Guides and Policies

Should I sign a confidentiality agreement with the startup, and what should I know about consulting agreements?

Signing confidential agreements could limit your future ability to publish, collaborate, or even perform sponsored research. Consequently, it’s not a good practice to sign confidentiality agreements, and you should be judicious about what confidential information encumbers you.

IPIRA can provide a set of provisions that are recommended as best practices for including in a consulting agreement between faculty and a company.

If my startup advising results in IP, then what should I do, and who owns it?

Under UC policy, employees agree to disclose to the university their development of patentable inventions and copyrightable software. Furthermore, UC can take an ownership interest in any resulting patent rights or software copyrights if the activity that led to the intellectual property: (a) was funded via the university, (b) used material university resources, or (c) is part of the scope of work of the university employee.

Your advising to startups is not likely to be funded via the university, or use material university resources. Nonetheless, if you develop inventions or...

Additional Useful UC Websites