SBIR


SBIR IP AND DATA RIGHTSText


SOME RECENT
WINNERS

NSF: Passive Radiative Composite Material

NSF: Painting and Overspray Capture System

NSF: Optical printing of high-performance personalized eyeglass lenses

NSF: Optical Point-of-Care Analysis With a Single Drop of Blood

HHS: Optical Dosimeter-guided Photodynamic Therapy

HHS: Optical Character Recognition Software for Scanning Nutrition Facts Panel

Education: Online, Multi-Challenge Platform that can Host Multiple K-12 Engineering Design Challenge Competitions Simultaneously

NSF: Open Satellite-Based Internet of Things (IoT) Network

HHS: On-site test of cannabis intoxication

NSF: Nutrient-Enhanced Soybean for Aquafeed


As we said in the overview class the SBIR program is great when it comes to IP protection and data rights (you get to keep just about everything) but the way the government talks about data rights and IP ownership is a bit peculiar so I'd like to spend a few minutes talking about it:

WHAT COUNTS AS DATA?   Pretty much everything you create under the SBIR is covered is counted as data (e.g. the code you write, the tech you develop, the data produced).

OWNERSHIP: With and SBIR you own the data, period full stop. With an STTR you will have to sign a data agreement with your non-profit partner that defines the ownership (that agreement can say that you own everything).

GOVERNT USE OF THE DATA: The government can use your data for pretty much any INTERNAL use it wants, but they can't share it (see next section). For more information click HERE (SBIR) or HERE (STTR)

PATENTS: You own the data so you can patent it, but be aware that the government still keeps their use rights.

PROTECTING YOUR DATA: The government can't release or make you data public for 4 years from the time of your lasts SBIR award. So if you win Phase I in 2018, and a phase II in 2019, and that Phase II ends in 2021, then the data you created under the SBIR can't be released till 2025. And frankly, by that point it shouldn't matter if it is released.

NEGOTIATING MORE RIGHTS: You can negotiate for more aggressive data rights and protections after you win an award

SUBCONTRACTORS: If you use a subcontractor beware. By default they own the data they produce. So either negotiate up front or be prepared to buy the data from the sub or redevelop it in-house.


SOME RECENT
WINNERS

NSF: Nucleic Acid Test for Pathogens and Biothreats

NSF: Pigmented cyanobacteria for the ink, printing and colorant industries

NSF: Photobiological Water Treatment in Advanced Water Reclamation

NSF: Personalizing Online Clothing Shopping

DHS: Personal Neutron Detector

NSF: Perception for Autonomous Road Vehicles

DOD: Persistent Platform in Geosynchronous Earth Orbit

DOT: Pedestrian and Cyclist Detection Devices for Transit Buses

HHS: Peanut Allergy Immunotherapy

NSF: Patient Engagement in Self-Health Management