Title - Questions & Answers about working with MSFC

MSFC's Technology Transfer Program
  • Why is it important for MSFC to commercialize its technology?
  • Will MSFC conduct research to help a company solve technical problems or improve products?
  • What services are available to assist companies with technology transfer?
  • Available Technologies
  • Where can I find information on new NASA technologies?
  • Whom do I contact to receive further information on a particular MSFC technology?
  • Is there a listing of MSFC patents and patent applications that are available for licensing?
  • Space Act Agreements
  • How is a Space Act Agreement different from a Cooperative Research and Development Agreement?
  • Can costs and/or resources be shared under a Space Act Agreement?
  • Who receives patent rights to technologies developed under a Space Act Agreement?
  • Patent Licenses
  • Can MSFC grant exclusivity for a particular technology?
  • What if another company is interested in the same technology that my company wants to commercialize?
  • How long does the patent licensing process take? What will it cost in up-front money?
  • What percentage in royalties does MSFC require under a licensing agreement?
  • Privacy Issues
  • Are discussions with MSFC personnel kept confidential?
  • What about the Freedom of Information Act (FOIA)?
  • Does MSFC enter into confidentiality agreements with prospective commercial partners to facilitate the exchange of technical information?
  • Can I use MSFC facilities? Is there a charge for the usage? Must the data resulting from my tests in an MSFC facility be made public?
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    MSFC's Technology Transfer Program

    Why is it important for MSFC to commercialize its technology?
    The U.S. Congress and the NASA Administrator have emphasized the need to transfer NASA-developed technology and expertise to U.S. industry to increase U.S. industrial competitiveness, create jobs, and improve the balance of trade. Emphasis is being placed both on transfer of technology for mission application with the aerospace industry and for dual-use applications with nonaerospace industries.

    Will MSFC conduct research to help a company solve technical problems or improve products? If MSFC has technology available that would be useful to the company, employees would be pleased to discuss its applications to the company's need. Under a Space Act Agreement, a joint development effort could be conducted if MSFC has interest in the research.

    What services are available to assist companies with technology transfer?
    MSFC has partnered with Research Triangle Institute (RTI) for the purpose of facilitating communication between MSFC inventors and companies. In addition, NASA established a Commercial Technology Network (NCTN) to assist companies interested in commercializing NASA technologies. This network includes the Regional Technology Transfer Centers and the National Technology Transfer Center

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    Available Technologies

    Where can I find information on new NASA technologies?
    NASA publishes formal technical reports describing research work conducted at NASA facilities. In addition, there are several online sites to access information about transferable technology:
    MSFC's Technology Transfer Program
    NASA Tech Briefs
    NASA TechTracS
    NASA Commercial Technology Network

    Whom do I contact to receive further information on a particular MSFC technology?
    Contact the Technology Transfer Program.
    Is there a listing of MSFC patents and patent applications that are available for licensing?
    Yes. Some information is available online and a full listing is available from Patent Counsel.

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    Space Act Agreements

    How is a Space Act Agreement different from a Cooperative Research and Development Agreement?
    They are essentially the same. The National Aeronautics and Space Act of 1958 authorizes NASA to work cooperatively with industry. The Technology Innovation Act authorized other government research organizations, which did not have similar provisions in their charters, to use CRADAs. NASA continues to use the Space Act authority because it provides more flexibility than the Innovation Act.
    Can costs and/or resources be shared under a Space Act Agreement?
    Yes. In certain cases, there is the potential for MSFC to leverage resources. All resources are negotiated by MSFC.
    Who receives patent rights to technologies developed under a Space Act Agreement?
    The company will receive the rights if all of the inventors are employed by the company. MSFC will receive the rights if only NASA employees invent the item. A jointly owned patent will result if both company and NASA employees invent the item. In any event, patent rights will be specified in the Space Act Agreement and negotiated in accordance with applicable law(s).

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    Patent Licenses

    Can MSFC grant exclusivity for a particular technology?
    Exclusive rights to a technology can be licensed depending on how many companies are interested and on the company's license application. Other factors taken into account are the company's commercialization plan and a demonstrated ability to successfully complete a commercialization effort.
    What if another company is interested in the same technology that my company wants to commercialize?
    There are a number of possible licensing agreements: nonexclusive, co-exclusive, exclusive, exclusive in a particular field of use or geographic region, and various combinations of these. MSFC requires interested companies to submit a commercialization plan for the particular technology. MSFC uses these plans to determine which licensing arrangement will best ensure successful commercialization of the technology.
    How long does the patent licensing process take? What will it cost in up-front money?
    The process takes about 3 to 4 months after receipt of the license application and commercialization plan. This includes a mandatory waiting period of 2 months for exclusive licenses, during which time a member of the public can file a written objection. Down payments generally are set according to the value of the technology and are negotiable.
    What percentage in royalties does MSFC require under a licensing agreement?
    The percentage in royalties to be paid to MSFC in a licensing agreement is negotiable and varies according to the type of license issued (i.e., exclusive or nonexclusive) and a number of other factors.

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    Privacy Issues

    Are discussions with MSFC personnel kept confidential? What about the Freedom of Information Act (FOIA)?
    MSFC personnel are obligated by law to keep all company proprietary information confidential. Company information revealed to MSFC in the process of developing, negotiating, signing, and completing a Space Act Agreement is exempt from FOIA for up to 5 years. This protection is guaranteed by the National Aeronautics and Space Act of 1958 (as amended).
    Does MSFC enter into confidentiality agreements with prospective commercial partners to facilitate the exchange of technical information?
    Yes. Copies of this standard agreement can be obtained from the Technology Transfer Program.

    Can I use MSFC facilities? Is there a charge for the usage? Must the data resulting from my tests in an MSFC facility be made public?
    Industry or individuals can use MSFC facilities on a space-available basis. If the research conducted is of interest to NASA, MSFC may negotiate a cost-sharing arrangement; however, the results could eventually be published by NASA. If the company, however, pays the total cost associated with use of the facility, the data will not be made public.


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