NASA Procedural Requirements

NPR 7500.2A Effective Date: June 16, 2022 Expiration Date: June 16, 2027

Subject: NASA Technology Transfer Requirements

Responsible Office: Space Technology Mission Directorate

Chapter 6: Patent and Copyright Licensing

6.1 Overview of Licensing Authority

6.1.1 It is NASA's policy, consistent with statutory requirements, to promote the transfer and commercial utilization of inventions arising from NASA-funded research or development in which NASA has an ownership interest by the licensing of such inventions by NASA personnel or to the extent as referenced or identified in applicable contracts, grants, or agreements.

6.1.2 As required by "Domestic and Foreign Protection of Federally Owned Inventions", 35 U.S.C. § 207, Federal agencies are authorized to grant exclusive, partially exclusive, or nonexclusive licenses on federally owned inventions. Refer to NPD 2090.6A "Authority to Enter Into License Agreements and Implementation of Licensing Authority"

6.1.3 All technology licensing should be accomplished in accordance with NPD 2090.6. Patent License Agreements are utilized when patent protection exists or is being pursued for a given technology or set of technologies. Copyright License Agreements are utilized for software technologies when a copyright assignment to NASA has been made, or copyrights are otherwise owned by NASA. Software Usage Agreements are also available for dissemination of NASA developed software, as required by NPR 2210.1C.

6.2 Marketing Technologies Available for Licensing

6.2.1 Mechanisms that can be made available to Innovators and Technology Transfer Office personnel to disseminate information about their technologies may include but are not limited to:

a. Showcasing partnering opportunities to potential industry partners at trade shows;

b. Promoting partnering opportunities through NASA wide and Center specific websites, such as the NASA Technology Transfer Portal (http://technology.nasa.gov);

c. Targeting companies by direct marketing who are in an industry that can benefit from NASA technology;

d. Showcasing the technology at business seminars with high-level corporate executives, entrepreneurs or investors;

e. Targeting companies in different industries through magazines and public service announcements;

f. Utilizing press releases featuring new technologies.

6.3 Identifying Potential Licensees

6.3.1 Potential licensees can be identified in a variety of ways. Innovators and Technology Transfer personnel should be encouraged to attend conferences and other types of meetings where contact is likely to be made with potential commercial technology partners and/or licensees.

6.3.2 The Center Technology Transfer Officer should strive to maintain relationships with regional and/or relevant organizations that could potentially assist with identifying entrepreneurs or other organizations who are able to and interested in commercializing NASA developed technology.

6.3.3 When feasible, the Center Technology Transfer Officer should also implement workshops, conferences, showcases, on-site demonstrations, websites, auctions and/or other forms of outreach to facilitate connections between potential licensees, innovators, and Technology Transfer personnel that can explain the benefits of a particular patented or copyrighted technology.

6.4 License Negotiations and Terms

Certain terms and conditions of license agreements are negotiable including license fees, royalty rates, minimum payments, and commercialization milestones. Center Technology Transfer Officers, or designee, in coordination with Center Intellectual Property/Patent Counsel shall be responsible for negotiating license agreements. All license negotiations will follow NASA policy as required by NPD 2090.6.

6.5 Distribution of Royalties

NASA may receive royalties or other payments as a result of the licensing or assignment of inventions. NASA, in accordance with law, will distribute a percentage of such royalties and other payments it receives to the U.S. Government employee inventors and to individuals who have directly assigned their undivided interests in a licensed invention to NASA. The remainder of any royalties or other payments, after payment to the employee or other individual inventors, will be made available to the NASA Center(s) where the inventions were made. Royalties will be distributed in accordance with NPD 2092.1.

DISTRIBUTION:
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