SBIR IP AND DATA RIGHTSText
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).
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.
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