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National Aeronautics and Space Administration

  
NASA Goddard Space Flight Center
Resources for Technology Transfer

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For additional information, please contact:

Innovative Partnerships Program Office
Code 504
phone: (301) 286-5810
email: Innovative Partnerships Program Office

The Technology Transfer Spin-out Process

Step 4: Partnership/License Agreement

 
Once an interested partner/licensee has proposed a plan for spinning out a Goddard technology, the Innovative Partnerships Program Office begins to negotiate the final agreement.

How does IPP conduct negotiations?
Because the final agreement must be acceptable to and benefit both NASA and the partner, IPP takes a collaborative rather than adversarial approach to negotiations. When the interested partner/licensee submits a project or transfer plan, the IPP considers the proposed terms carefully. If the terms are not acceptable, IPP will not simply shut down the process. Rather, we will communicate as openly as is prudent with the interested party, explaining NASA’s position and seeking a middle ground.

As the inventor, am I involved in negotiations?
Because negotiations can be time-consuming, IPP tries to call upon the inventor as little as possible. However, in some cases, the terms being negotiated relate to technical assistance. Obviously, in these instances, IPP will need to contact you about your availability and willingness to participate.

What kinds of agreements does Goddard use to spinout technology?
The legal agreement used depends upon the individual situation. A Space Act Agreement (SAA) is used when a technology is not easily transferred to the non-NASA application and joint development work is needed, while a license can be used when a transfer is more straightforward. Within these two categories, the following agreements might be used:

  • Nonreimbursable SAA: NASA and the partner both contribute resources and/or technology; research must be relevant to a NASA mission or program. Data/Results usually are shared between the two parties.
  • Reimbursable SAA: Partner uses NASA resources and agrees to reimburse NASA for the use of its facilities, personnel, and equipment; research should be relevant to NASA.
  • Exclusive patent license: The right to be the only organization (other than the U.S. government) allowed to manufacture or use NASA technology.
  • Partially exclusive patent license: Exclusive rights are limited to a particular application area, geographic region, or other stipulation.
  • Nonexclusive patent license: The right to be one of multiple partners allowed to manufacture or use NASA technology.

Is Goddard interested in only agreements with a high financial gain?
Absolutely not. Although a favorable financial agreement benefits NASA, the Agency recognizes that improvements in health care, quality of life, and scientific advancement are important benefits that can result from tech transfer. NASA’s goal--and consequently OTT’s mission--is to find agreements that yield new applications with recognizable benefits.

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