Effective Date: June 16, 2022
Expiration Date: June 16, 2027
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5.1.1 The intent of a NASA technology transfer partnership is to foster technology research and development (R&D) and product commercialization to ensure broader utilization of NASA technology investments for government, non-government, or mutual use. Therefore, a technology transfer partnership should specifically involve the further development, testing, evaluation and/or transfer of NASA technology to meet these objectives. A NASA Technology Transfer Partnership is a formal agreement between NASA or JPL and another Federal Agency, a contractor, or a grantee or recipient acting under an appropriate legal instrument for the purpose of further development, testing, evaluation, and/or transfer of a NASA technology.
5.1.2 Legal instruments to be applied to a NASA technology transfer partnership are: Reimbursable and Non-reimbursable Space Act Agreements, Cooperative Agreements, and Cooperative Research and Development Agreements; all of which may be executed in conjunction with a license, and/or software usage agreement. For a full listing of partnership mechanisms, see Appendix D. In general:
a. The partnership will be documented in a form which, at a minimum, substantiates the relationship between the partner and NASA.
b. The partnership should typically include NASA or JPL and at least one of the following parties: another Federal Agency, a contractor, or a grantee or recipient acting under an appropriate legal instrument, such as a patent license, contract, grant, cooperative agreement, or Space Act Agreement.
5.2.1 The technology transfer activities sponsored by NASA are intended to facilitate domestic utilization of NASA-funded technologies by the public and private sectors of the U.S. economy.
5.2.2 While NASA patent licenses are most often granted to domestic companies, NASA is able to license to foreign-owned companies, though with some additional considerations:
a. NASA only files Patent Cooperation Treaty (PCT) applications when a licensee is willing to pay for the additional patenting costs in the countries they select (within 1 year of filing the original U.S. patent.)
b. Licenses to foreign-owned companies require additional review by the Office of General Counsel and the U.S. Trade Representative.
c. Licenses are typically granted to a company that agrees any resulting products will be substantially manufactured in the U.S. (NASA may waive or modify this requirement in accordance with federal regulations.)
5.2.3 Foreign companies that express a bona fide interest in obtaining a royalty-bearing license for a NASA-owned patent or patent application may be furnished both the standard published material and additional non-export controlled technical information to the extent necessary to negotiate and execute such a license.
5.2.4 Processing foreign requests for NASA software will be in accordance with NPR 2210.1.
5.2.5 Each Center will use the NTTS to keep accurate records of all requests for, and releases of, technology transfer materials in accordance with NRRS 1441.1 NASA Records Retention Schedules and immediately report any suspicious requests to their Center's counterintelligence office.
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