What are SBIR data rights?
What are SBIR data rights?
SBIR/STTR Data protection is one of the most unique and important protections accorded Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) firms. The government receives a limited nonexclusive license, or right to use, SBIR Data, but such use cannot include disclosing it in any way.
How long are SBIR data rights?
20 years
SBIR/STTR Data are protected from disclosure by the participating agencies for a period of not less than 20 years with the protection period beginning at the time of the Phase I, II, or III award.
Can a large contractor obtain SBIR data rights?
Because the Government cannot disclose SBIR Data, a contractor’s competitors can obtain such data only if they purchase the technology (or acquire the contractor).
What types of data rights apply to noncommercial technical data?
Data Rights are the Government’s legal license right to use, modify, reproduce, perform, display, release or disclose the noncommercial technical data or noncommercial computer Software. Data Rights are the Government’s license rights in contractor’s noncommercial technical data and noncommercial computer software.
What is allocation of rights?
Rights Allocation means the Rights offered pursuant to the Rights Offering other than the Minimum Rights issued to Apollo or its designated affiliate(s) pursuant to Section 5.2(f) hereto.
Can large business participate in SBIR?
No. In order to receive an SBIR/STTR award, the joint venture must be a small business and all parties to the joint venture must meet the program’s eligibility requirements.
Do we have unlimited rights?
No right is unlimited, and there are exceptions to freedom of expression as well. Similarly, the U.S. Bill of Rights included bearing arms among the rights “of the people,” not just government militias.
What are the different types of data rights?
“Data rights” refer to the Government’s nonexclusive license rights in two categories of valuable intellectual property, “technical data” and “computer software” delivered by contractors under civilian agency and DoD contracts.
What Is SBIR Phase II?
Phase II. The objective of Phase II is to continue the R/R&D efforts initiated in Phase I. Funding is based on the results achieved in Phase I and the scientific and technical merit and commercial potential of the project proposed in Phase II. The SBIR/STTR programs do not fund Phase III.
What are the SBIR rights?
SBIR rights means the rights in SBIR data set forth in the SBIR Rights Notice of paragraph (d) of this clause . Technical data means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation).
What is the new combined SBIR/STTR data rights clause?
Because the new combined SBIR/STTR Data Rights clause is so different from the existing clauses—FAR 52.227-20 and DFARS 252.227-7018—it is vital that SBIR/STTR awardees check their funding agreements before signing them to ensure the agency has included these revisions in the proposed agreement.
How does SBIR protect software and source code?
In general, most SBIR/STTR firms protect software and source code through this nondisclosure obligation, because they do not wish to disclose their software architecture or actual source code in a patent. Second, SBIR Data must be technical in nature.
What is a Phase III SBIR data rights award?
If funding referenced above is a Phase III award, then it also must be accorded the SBIR Data Rights clause. It is a Phase III SBIR award if the work funded derives from, extends, or completes prior SBIR effort, and is funded with non-SBIR funds.
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