Procedural
Requirements
Effective Date: June 16, 2022
Expiration Date: June 16, 2027
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NASA Procedural Requirements |
NPR 7500.2A Effective Date: June 16, 2022 Expiration Date: June 16, 2027 |
| | TOC | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | Chapter5 | Chapter6 | Chapter7 | Chapter8 | AppendixA | AppendixB | AppendixC | AppendixD | ALL | |
2.1.1 The NASA Technology Transfer Program Executive, in charge of the NASA Technology Transfer Program, within the Space Technology Mission Directorate, shall:
a. Provide strategic direction and guidance to Center Technology Transfer Officers.
b. Ensure that all NASA technology transfer program activities are in compliance with NPR 7500.2, NASA Technology Transfer Requirements.
c. Provide strategic guidance and leadership with regard to NASA technology transfer activities.
d. Serve as the HQ point of contact for Center Technology Transfer Officers (See Section 2.4) and serve as the Agency’s Inter-Agency interface for technology transfer matters.
e. Develop, validate, and maintain well-defined metrics for measuring the performance of technology transfer Agency-wide.
f. Provide and support an Agency-wide information system for collecting and maintaining NASA technology transfer data and metrics.
g. Communicate the societal benefits of NASA's technology transfer activities.
h. Provide the necessary guidance, templates, and tools to establish and maintain an Agency-wide integrated portfolio of NASA technologies and a common, consistent format for communicating to external parties across centers with regards to NASA Technology Transfer.
i. Define and manage the process to determine which technologies the Agency should protect and what patents should be maintained.
j. Manage Technology Transfer Program budget, implementing resource allocation and providing tools to increase the effectiveness of technology transfer.
2.2.1 Mission Directorate Associate Administrators, Program Managers, and Project Managers shall:
a. Support the NASA Technology Transfer Program Executive and Center Technology Transfer Officers in conducting technology transfer activities related to innovations previously developed, or being developed, under their cognizance. Support includes, but should not be limited to:
(1) Promptly identifying and reporting new technologies; recommending potential commercial/secondary applications for use of these technologies.
(2) Encouraging innovator engagement in technology transfer activities.
(3) Developing and implementing technology development partnerships that lead to commercial uses of NASA-sponsored research and technology.
2.3.1 NASA Center Directors shall:
a. Establish a technology transfer office within their respective Centers consistent with the provisions of the Stevenson-Wydler Technology Innovation Act of 1980, 15 U.S.C. § 3710, this NPR, and all other applicable laws and regulations.
b. Appoint a Center Technology Transfer Officer (CTTO) responsible for ensuring that all Center technology transfer activities are conducted efficiently, effectively, and in compliance with this policy.
c. Include in the position description of all individuals contributing to the development of new technology and related processes (e.g., program/project managers, scientists, engineers, aerospace technologists, technology transfer specialists, Contracting Officers, intellectual property attorneys), a statement delineating their responsibilities with regard to NASA technology transfer.
d. Ensure that Technology Transfer resources are appropriately utilized in accordance with direction from the Technology Transfer Program Executive. Reimbursable work not geared toward the transfer of identified NASA technologies is the responsibility of the Center and not within the required scope of the Center Technology Transfer Officer.
Centers may choose to collocate local partnership activities with technology transfer, but the resources provided for technology transfer should not be co-opted for local partnership work.
e. Demonstrate that technical staff, Contracting Officers, and Management have been trained in their responsibilities for New Technology Reporting.
2.4.1 The Center Technology Transfer Officer, or delegate, shall:
a. Manage resources, staff, and organization necessary to support the Agency Technology Transfer Program at their Centers.
b. Contribute to development and maintenance of the Agency portfolio of NASA intellectual property assets with commercial potential to preserve NASA's ability to license inventions arising from NASA-funded research or development in which NASA has an ownership interest, in accordance with NPD 2090.6, "Authority to Enter into License Agreements and Implementation of Licensing Authority".
c. Contribute and maintain inventory of software in the Software Catalog while following transfer of software requirements as required by NPR 2210.1, "Release of NASA Software".
d. Use the Agency patent decision process to disposition all New Technology Reports received with regards to technology transfer, addressing items such as ownership rights, commercial potential, and the need for intellectual property protection.
e. Document all related work and evidence of commercial potential in the NASA Technology Transfer System (NTTS) database (see Section 2.7).
f. Collect, validate, provide, and maintain quality and accurate technology transfer data within NTTS (see Section 2.7).
g. Ensure, to the extent feasible, awareness at their Centers that new innovations will be reported.
h. Develop and implement mechanisms to ensure that new technologies are reported fully and in a timely manner.
i. Identify potential technology transfer licenses and partnerships and provide valid and current data on those activities, including the investment estimates where appropriate.
j. Collect and review available data on technology transfer licenses and partnerships to determine if these activities have produced any significant commercialization results.
k. Support the Technology Transfer Program Executive in any metrics reporting activities to the NASA Administrator, the Administration, the U.S. Congress, or other stakeholders as needed.
l. Consult with Center Patent/Intellectual Property Counsel, or their designee(s), early in the licensing process so that complete, effective, and timely legal review can be accomplished, and inform Counsel of significant issues
m. Support Agency-wide Technology Transfer Program activities, including participating in Agency-wide pilots and initiatives, regular participation in Agency-wide working groups, and working, when possible, to bundle intellectual property assets for the increased benefit of partners and licensees.
n. Appoint a New Technology Representative, responsible for processing of invention disclosures by civil servants and recipients of NASA contracts, grants, or cooperative agreements.
o. Engage in partnerships with local, state, and regional organizations to promote technology transfer.
p. Ensure that all patented and patent-pending technologies are published on the Agency technology transfer portal and that all available software is listed in the Agency software catalog.
q. Use the Agency patent decision process to evaluate commercial value of NASA technologies that have potential for transfer to industry.
r. Report Center technology transfer activities to their respective Center Management and NASA Headquarters.
2.4.2 The Center Technology Transfer Officer is responsible for ensuring that all technology transfer activities at their respective Centers are conducted efficiently, effectively, and in compliance with applicable U.S. laws and regulations, and this policy.
2.5.1 The Associate General Counsel, Agency Counsel for Intellectual Property, Commercial and Intellectual Property Law Practice Group, (for HQ activities) and Center Patent/Intellectual Property Counsels (for Center activities) shall:
a. Review all activities in support of the requirements of this NPR for compliance with applicable laws, regulations, and policy.
b. Protect the intellectual property assets Agency-wide.
c. Make patentability assessments, including prior art searches, as needed, or when recommended by the Center Technology Transfer Officer or his/her delegate.
d. Ensure timely filing and prosecution of patents on NASA-owned and jointly-owned intellectual property, based upon the recommendations of the Center Technology Transfer Officer or his/her delegate in determining the commercial potential of the technology.
e. Consult as necessary with the Innovator early in the patent prosecution process so that effective review of patent applications to be filed can be accomplished, and, if needed, inform the Innovator of significant events throughout the patent prosecution process, particularly when any substantive change to a patent application is being considered, so the Innovator can assist, as needed, in the determination of any such changes.
f. Inform, as necessary, the Center Technology Transfer Officer or his/her delegate of significant events throughout the patent prosecution process, particularly when any substantive change to a patent application is being considered, so the Center Technology Transfer Officer or his/her delegate can assist, as needed, in the determination of any such changes.
g. Provide effective legal review and assistance during the licensing process, particularly when any changes to the NASA standard license agreement(s) are being considered and assisting the Center Technology Transfer Officer or his/her delegate, in the negotiation and making of any such changes.
h. Seek advice, as needed, from Center procurement offices and/or the NASA Shared Services Center and/or Center Office of the General Counsel, to ensure that recipients of NASA contracts, grants, or cooperative agreements report new technology by the terms of the appropriate FAR and /or NASA FAR Supplement clauses in their award.
2.5.2 The Office of the General Counsel will manage the funding allocated by the Agency, as available, for patent filing and maintenance fees for NASA patents through an Agency U.S. Patent and Trademark Office deposit account.
2.6.1 A NASA Innovator is a NASA employee who conceives of or assists in the development of a new technology. The NASA Innovator shall:
a. Report the innovation in accordance with NPD 2091.1, "Inventions Made by Government Employees."
b. Assist the Center Technology Transfer Officer, or delegate, in determining the commercial potential for the innovation by participating in inventor interviews with technology transfer personnel and associated commercialization subject matter experts.
c. Work with Center Patent Attorneys, as needed, if the invention is to have a patent application filed on it, so as to obtain appropriate protection for the invention.
d. Work with the Center Technology Transfer Officer, or delegate, to pursue potential technology transfer opportunities, including supporting meetings with potential licensees.
e. Pursue, if feasible, technology transfer partnerships that could further benefit and/or develop the innovation.
2.6.2 A Partner Innovator, as used herein, is an employee of a NASA Partner who makes new technologies in the performance of work under a NASA-funded contract, grant or cooperative agreement, to the extent referenced or identified in the appropriate contracts, grants, or agreements. The NASA Partner shall report these new technologies in accordance with the requirements of their contract, grant or cooperative agreement, where applicable.
a. Section 3.3 further describes the reporting process for innovations, and Appendix B lists reporting requirements.
2.7.1 The NTTS is the Agency-wide database that will be used to manage all activities related to the process of technology transfer. Center Technology Transfer Officers are responsible for ensuring, to the extent feasible, that data in the system are complete and accurate.
2.7.2 NTTS is the official document repository for all technology transfer records, including all information related to new technology reports, patent decision making and filing, marketing, licensing, and software release.
a. Center Technology Transfer Officers and the Patent Counsel shall populate data in NTTS.
b. The Electronic New Technology Reporting system (e-NTR) is maintained by NTTS and is the method for new technology reporting and disclosures.
c. The Automated Technology Licensing Application System (ATLAS) is maintained by NTTS and is the method for licensing management.
d. The Software Catalog is maintained by NTTS and is the method for submitting non-International Traffic in Arms Regulations (ITAR) or non-Export Administration Regulations (EAR) software requests.
e. All patented technologies will be displayed on the Technology Transfer portal.
2.8.1 The NASA Chief Financial Officer (CFO) and Center CFOs shall:
a. Develop guidelines for NASA accounting and distribution of royalties and other payments received under license agreements in accordance with NPD 2092.1, "Royalties and Other Payments Received by NASA from the Licensing or Assignment of Inventions", and NPR 2092.1, "Distribution of Royalties Received by NASA from the Licensing or Assignment".
2.9.1 The NASA Assistant Administrator for Procurement and Center Procurement Officers shall:
a. Ensure that all the appropriate clauses are incorporated into all solicitations and contracts as required.
| TOC | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | Chapter5 | Chapter6 | Chapter7 | Chapter8 | AppendixA | AppendixB | AppendixC | AppendixD | ALL | |
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