- Why is it now important for the Navy to transfer its technology to the private sector?
The Administration, the U.S. Congress, and the Navy are putting greater emphasis on transferring Navy-developed technology and expertise to U.S. industry to increase U.S. industrial competitiveness, to create U.S. jobs, and to create capital. Emphasis is being placed both on transfer of technology for mission application with industry and for dual-use applications with industry.
- Whom do I contact to receive further information on a particular Navy technology?
Contact the Naval Surface Warfare Center Indian Head Division (NSWC IHD), Navy ORTA representative at (301)744-6111.
- What is a CRADA (Cooperative Research and Development Agreement)?
The Technology Innovation Act authorizes the Navy to work with industry to conduct mutually beneficial R&D. For information about a Cooperative Research and Development Agreement (CRADA) please contact the Office of Technology Transfer at (301)744-6111.
- Is a model CRADA available? If so, how is it obtained?
A model CRADA is available.
- How long does it take for a CRADA to be negotiated and signed by Navy officials?
Usually about 2-4 weeks. However, delays of 3 or 4 months have occurred in obtaining a company's corporate office approval.
- Are discussions with Navy personnel kept confidential so that my competitor cannot learn of company secrets and/ or new product development, particularly under the Freedom of Information Act (FOIA)?
Navy personnel will not reveal any company proprietary information and, to the extent permitted by law, will protect any proprietary information developed under the agreement. Proprietary information developed under CRADAs may be protected from release under the FOIA for as long as it meets the definition of proprietary information as provided in the CRADA agreement. This protection is authorized by a provision of the Technology Innovation Act.
- What can the Navy and what can my company contribute under a CRADA; i.e., money, man-hours, materials, facilities, and services?
The Navy can contribute all of the items mentioned, except the transfer of funds to the company. The company can contribute all of the items mentioned. The contributions of each party are negotiated by the Navy and the company.
- What are the most important conditions for a successful technology transfer agreement with the Navy?
Have a "champion" (a strong supporter) for the project on both sides, thus effectively linking "technology push" and "technology pull." It is highly desirable for the Navy champion to be the researcher developing the technology.
- Will the Navy grant an exclusive license(s) for particular Navy technology(ies)?
Yes. In general, there are certain statutory limitations on the granting of exclusive licenses by the Government. A CRADA grants the CRADA partners an option to acquire an exclusive license to the Government's interest in any invention made under the CRADA.
- Will my company be given a license to all, or only particular fields of use, of a patented Navy technology under a licensing agreement?
Depending on the company's license application, all or only particular fields of use will be provided under a licensing agreement. If your company is the only one trying to license a technology from the Navy, your company may be able to get the kind of coverage it wants if you have a good commercialization plan and the demonstrated wherewithal to carry it out.
- What happens if another company is also interested in the same technology that my company wants to commercialize?
There are a number of possibilities: a non-exclusive license can be provided to each company; an exclusive license can be given to each company for different fields of use, if appropriate; or, the Navy can request proposed commercialization plans (PCP's) from all interested companies, review and evaluate their plans, select the best plan, and an exclusive license can be provided to the selected company.
- Are model licenses available? If so, how are they obtained?
Model licenses are available. Contact the Naval Surface Warfare Center Indian Head Division (NSWC IHD), Navy ORTA representative at (301)744-6111.
- Is there a list of Naval Surface Warfare Center Indian Head Division (NSWC IHD) patents and patent applications which are available for licensing?
Yes. The list is available from the Naval Surface Warfare Center Indian Head Division (NSWC IHD), Navy ORTA representative at (301) 744-6111.
- How long does the patent licensing process take, and what will it cost me in up-front money?
The process takes about 3-4 months after receipt of your application for license. (This includes a mandatory publication period of 2 months for exclusive licenses, during which a member of the public can file a written objection.) Up front license fees are generally set to provide the licensee with an incentive to diligently pursue the terms of the license agreement.
- Does the Navy enter into confidentiality agreements with prospective commercial partners to facilitate the exchange of technical information?
Yes, and models of such agreements are available from the Naval Surface Warfare Center Indian Head Division (NSWC IHD), Navy ORTA representative at (301) 744-6111.
- What are typical royalty rates that the Navy requires under a license agreement?
Royalty rates paid to the Navy in a license agreement are negotiable and vary depending on the type of license (exclusive or non-exclusive) and a number of other factors. Rates typically reflect a percentage of the net selling price for each royalty bearing product made, used, or sold by the licensee.
- Who receives patent rights to technologies developed under a CRADA?
The company will receive title to the invention if a company employee makes the invention. The Navy will receive title to the invention if a Navy employee makes the invention. In both cases the inventing partner grants to the other partner a nonexclusive, irrevocable, paid-up license to practice the invention or have that invention practiced throughout the world on behalf of the non-inventing partner. Both the Navy and a company shall have title, in the form of an undivided interest, on jointly made inventions. One of the main strengths and benefits of CRADAs are that intellectual property rights are predetermined prior to the initiation of any work.
- Can industry or individuals use Navy facilities, and is there a charge for the usage?
Industry or individuals can use Navy facilities on a space-available basis. Should the research to be conducted be of interest to the Navy, there would be no charge. However, the results could eventually be published by the Navy. Should a company or individual not want the results published by the Navy, they may have to pay for the use of the facility.
- Must the data resulting from a company's tests in a Navy facility be made public?
No; if the company pays the total cost associated with use of the facility, the data will not be made public.
- How can I enter into a cost/ resource sharing arrangement with the Navy for research and technology development?
Cooperative Agreements with profit-making firms are now authorized. Specific questions may be addressed to the Naval Surface Warfare Center Indian Head Division (NSWC IHD), Navy ORTA representative at (301) 744-6111.
- Will the Navy conduct research to assist a company to solve its technical problems or improve its products?
If the Navy has technology available that would be useful to the company, Navy employees would be pleased to discuss its applications to the company's need. Under a CRADA, a joint development effort could be conducted if the Navy has interest in the research.*
*Federal laws, regulations, and policies may apply to participation in certain activities. Such a determination will be made on a case-by-case basis depending upon the identity of the party and the nature of the proposed activity.
If you have other questions, please contact us 301-744-6111.