Licensing and Partnering
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Partnering
Licensing |
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Frequently Asked Questions
This section answers some of the basic questions about technology transfer, patent licensing, and privacy issues. Feel free to contact the TTPO for more information.
- Partnership Development at GRC's TTPO
- Available Technologies
- Partnership Agreements
- Patent Licenses
- Privacy Issues
Partnership Development at GRC's TTPO
- Why does GRC partner?
- Will GRC assist an organization in solving its technical problems or improving its products?
The U.S. Congress and the NASA Administrator are putting great emphasis on transferring NASA-developed technology and expertise to U.S. industry to increase U.S. industrial competitiveness, create jobs, and improve the balance of trade. In addition, there is an emphasis on bringing technologies and expertise into NASA that can facilitate achievement of space program goals.
The partnership effort is considered the responsibility of all employees but is centered in three primary offices.
- The Technology Transfer and Partnerships Office manages the NASA Innovative Partnerships Program at GRC and partners both to move NASA-developed technology into the marketplace under the federally mandated Technology Transfer Program, and to address gaps in NASA’s technology portfolio that are a result of diminished budget resources. The primary tools of the office are licensing, the Small Business Innovation Research (SBIR) and Small Technology Transfer Research Programs (STTR), the Innovative Partnerships Seed Fund, and dual use partnership development.
- The New Business Partnerships Office is involved in the development of strategic partnerships and new non-NASA business ventures with external organizations which emphasize the Center’s research and technology competencies and contribute to achievement of the Center’s priority goals.
- The Testing Division of NASA GRC is interested in providing access to its world class facilities to external parties.
Will GRC assist an organization in solving its technical problems or improving its products?
If GRC has technology available that would be useful, the TTPO would be pleased to discuss its possible applications. As one option, a joint-development effort could be conducted if NASA has interest in the research and if it has unique facilities and capabilities to contribute.
- What are NASA Glenn’s areas of expertise?
- How do I find out what technologies and facilities GRC has available?
- Whom do I contact to receive further information on a particular GRC technology?
What are NASA Glenn’s areas of expertise?
On this site, you will fInd detailed information about all of GRC's areas of expertise as well as technologies, facilities, and partnering opportunities within each area.
How do I find out what technologies and facilities GRC has available?
In addition to the various print publications available from the TTPO, this Web site lists GRC technologies available for licensing and/or partnerships within each area of technical expertise.
Whom do I contact to receive further information on a particular GRC technology?
Specific contact information is provided with each featured technology. Or you can e-mail the TTPO.
- What types of arrangements are used to partner with NASA Glenn?
- What is a Software Use Agreement?
- What is a Space Act Agreement?
- What’s the difference between an SAA, a CRADA, and a Cooperative Agreement?
- Do I need to know what kind of partnership agreement I want?
- Can collaborations begin before the partnership agreement is officially signed?
- What can GRC contribute and what can my organization contribute (i.e., money, man-hours, materials, facilities, and services) under a partnership agreement?
- Can industry, academia, or individuals use GRC facilities? Is there a charge for the usage?
- Who owns inventions under a Space Act Agreement?
- What is a Memorandum of Understanding(MOU)/Memorandum of Agreement(MOA)?
- What is an Umbrella Agreement?
- What are the SBIR and STTR programs?
- What is the IPP Seed Fund?
- What is dual-use partnership development?
What types of arrangements are used to partner with NASA Glenn?
Partnering agreements with NASA Glenn include license agreements, software use agreements, and space act agreements.
What is a Software Use Agreement?
A software use agreement is used to provide access to NASA software to a private party. Depending on the stage of development and NASA mission related goals, software use agreements are used for beta-testing software; delivering software to partners who have existing grants, contract, cooperative agreements and space act agreements; and for use of the software by other federal agencies, commercial entities and academia. Parties interested in obtaining software from NASA GRC should review the software repository (link opens new browser window) and contact Jason Hanna at 216-433-6731or by .
What is a Space Act Agreement?
The most common mechanism for partnering with NASA Glenn is the Space Act Agreement. These agreements are very similar to the Cooperative Research and Development Agreements (CRADAs) offered by other Government agencies, but are based on NASA’s enabling legislation. Space Act Agreements can be nonreimbursable or reimbursable.
Nonreimbursable Space Act Agreements are collaborative agreements in which NASA and the other party each contribute resources – which can include personnel, facilities, expertise, equipment or technology – with no transfer of funds. Each party agrees to fund its own participation in the activity for their mutual benefit.
Reimbursable Space Act Agreements involve the payment of funds to NASA in exchange for the use of NASA resources – personnel, facilities, expertise, equipment or technology. The terms, conditions and schedules are negotiable, but NASA must be paid in advance for each stage of the effort.
Parties interested in negotiating a Space Act Agreement, or finding out more about them should contact Steven Fedor at 216-433-2144 or by , or Robert Kistemaker at 216-433-2775 or by .
What’s the difference between an SAA, a CRADA, and a Cooperative Agreement?
SAAs and CRADAs are essentially the same. Authorized by the National Aeronautics and Space Act of 1958 (link opens new browser window) (as amended), SAAs are flexible arrangements that allow NASA to work cooperatively with industry and academia. The Technology Innovation Act of 1980 authorizes other government research organizations, which did not have similar provisions in their charters, to use CRADAs. Cooperative Agreements with profit-making firms allow GRC to enter into a cost/resource-sharing arrangement for research and technology development.
Do I need to know what kind of partnership agreement I want?
No. It is not necessary to specify the type of partnership desired. In fact, GRC will determine which agreement vehicle is best based upon the specifics of the request.
Can collaborations begin before the partnership agreement is officially signed?
Certain activities (e.g., nondisclosing technical discussions) can occur prior to signing the agreement.
What can GRC contribute and what can my organization contribute (i.e., money, man-hours, materials, facilities, and services) under a partnership agreement?
GRC can contribute nearly all of these items; however, it cannot transfer appropriated funds to the partner. The partner can contribute all of these items. The contributions of each party are negotiated by GRC and the partner.
Can industry, academia, or individuals use GRC facilities? Is there a charge for the usage?
GRC facilities can be used on a space-available basis. Should the research to be conducted be of interest to NASA, GRC may cover some of the expenses; however, the results could eventually be publicly released by NASA. (See Privacy Issues.)
Who owns inventions under a Space Act Agreement?
Industry or academia may retain rights if the technology is invented solely by its employees. NASA may retain the rights if the technology is invented solely by NASA employees. A jointly owned patent will result if employees of each party invent the item. In any event, patent and data rights will be spelled out in the agreement or negotiated in accordance with applicable law.
Additional information on intellectual property rights can be found on the NASA General Counsel Web site (link opens new browser window).
What is a Memorandum of Understanding(MOU)/Memorandum of Agreement(MOA)?
An MOU/MOA is a statement of policy, practice or intention affecting a matter of concern to both NASA and another entity. Some of the characteristics of an MOU include: Transfer of funds or resources is not permitted; terms of the agreement are not legally enforceable; signatories at the discretion of the interested parties; good and service of any kind are not permitted to be provided by NASA.
What is an Umbrella Agreement?
An Umbrella Agreement is used when work between NASA and another party is expected to be ongoing for a long period of time, but all elements cannot be defined at the time the agreement is negotiated. Work is usually defined through the issuance of individual Task Amendments.
What are the SBIR and STTR programs?
The SBIR and STTR programs provide an opportunity for small, high technology companies and research institutions to participate in government-sponsored research and development. These programs are significant sources of seed funding for the development of innovations for companies with fewer than 500 employees.
Parties interested in obtaining additional information should contact Gynelle Steele at 216-433- 8258 or
The IPP Seed Fund (link opens new browser window) has completed two rounds as an initiative to enhance NASA’s ability to meet mission technology goals by providing seed funding to address barriers and initiate cost-shared, joint-development partnerships. The IPP Seed Fund will be used to provide "bridge" funding to enable larger partnerships and development efforts to occur and will encourage, to the maximum extent possible, the leveraging of funding, resources and expertise from non-NASA partners, NASA Programs and Projects and NASA Centers. Partnership goals include providing for an increased range of technology solutions, a broadened technology portfolio, improved cost avoidance, accelerated development and maturation of technologies, and a larger pool of qualified commercial providers. The next announcement for the IPP Seed Fund is expected in late summer 2008.
What is dual-use partnership development?
Dual use partnerships occur when both NASA and the private party have an interest in a potential product or technology and agree to work together to further its development.
- What is a License Agreement?
- Will GRC grant exclusivity for a particular technology?
- What happens if another organization is interested in the same technology that I want to license?
- How long does the patent licensing process take? How much will it cost me in upfront money?
- What percentage in royalties does GRC require under a license agreement?
NASA has the authority to grant licenses to patented technologies. All NASA licenses are individually negotiated with the prospective licensee, and each license contains terms concerning commercialization, license duration, royalties, and periodic reporting. NASA licenses may be exclusive, partially exclusive and nonexclusive.
For more information on licensing please contact Robert Kistemaker at 216-433-2775 or by .
Will GRC grant exclusivity for a particular technology?
NASA patent licenses may be exclusive, partially exclusive, or nonexclusive. NASA GRC will consider requests for either exclusive or nonexclusive licenses. Exclusive rights to a technology can be licensed depending on how many parties are interested in the technology and depending on the license application. For exclusive and partially exclusive licenses, NASA is required to publish a notice of a prospective license in the Federal Register identifying the invention and proposed licensee and providing at least a 15-day period for the public to file written objections. Any objections received during this time period will be reviewed and evaluated by NASA prior to making a final licensing determination. Other factors taken into account are the technology transfer plan and the organization’s demonstrated wherewithal to carry it out. Nonexclusive licenses may be granted under federally owned inventions without publication of availability or notice of a prospective license.
What happens if another organization is interested in the same technology that I want to license?
As stated earlier, there are a number of possible license agreements: nonexclusive, exclusive, co-exclusive, exclusive in a particular field of use or in a geographic region, and various combinations of these. GRC requires interested parties to submit a commercialization plan for the particular technology. GRC uses this plan to determine which licensing arrangement will be best for everyone involved.
How long does the patent licensing process take? How much will it cost me in upfront money?
The process generally takes about 3 to 4 months after receipt of the Patent License Request and Development/Marketing Plan for a nonexclusive license. Exclusive licenses take longer and are highly dependent on the complexity of the application. The time frame for exclusive licenses includes a mandatory waiting period of 15 days, during which time a member of the public can file a written objection. Upfront fees generally are set according to the value of the technology and are negotiable.
What percentage in royalties does GRC require under a license agreement?
The percentage in royalties to be paid to GRC under a license agreement is negotiable depending on a number of factors, including the type of license issued (i.e., exclusive or nonexclusive).
- Will NASA sign a Nondisclosure Agreement?
- Are discussions with GRC personnel kept confidential? What about the Freedom of Information Act (FOIA)?
- Must the data resulting from a partnership with GRC be made public?
- Must the data resulting from the work in a GRC facility be made public?
Will NASA sign a Nondisclosure Agreement?
It is recommended that NASA Civil Servants not sign nondisclosure agreements since they are prohibited from sharing proprietary information obtained from external parties under 18 U.S.C. § 1905, which provides:
"Whoever, being an employee of the United States..., publishes, divulges, discloses or makes known in any manner... any information coming to him in the course of his... official duties..., which information concerns or relates to trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association...shall be fined not more than $1,000, or imprisoned not more than one year, or both; and shall be removed from office or employment."
Are discussions with GRC personnel kept confidential? What about the Freedom of Information Act (FOIA)?
GRC personnel are obligated by law to keep all proprietary information confidential if identified as such. Company trade secret information revealed to GRC in the process of developing, negotiating, and signing a partnership agreement is exempt from FOIA.
Must the data resulting from a partnership with GRC be made public?
Partnership agreements can contain their own nondisclosure and IP ownership clauses based on what is appropriate for each arrangement.
Must the data resulting from the work in a GRC facility be made public?
If the user pays the total cost associated with use of the facility, the data will not be made public unless otherwise agreed to. However, if the research to be conducted is of interest to NASA and GRC covers some of the expenses, then the results could eventually be publicly released by NASA.