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Frequently Asked Questions - Data Rights
- Who owns the data developed under an SBIR award?
- Will the data I submit be securely protected? If so, for what length of time?
- What rights, if any, does the Government have in the SBIR data?
- What do I do if I feel my firm’s SBIR data are not being adequately protected?
- Can I negotiate my SBIR data rights with the funding agency?
- How are future rights to projects developed under STTR determined?
The SBC awardee owns, and has full right and title to, the data it develops under an SBIR award.
SBIR Data are protected from disclosure by the participating agencies for a period of not less than 4 years from delivery of the last deliverable under the Phase I, II, or III award. The protection period is extended with each subsequent related award in order to avoid harmful disclosure of SBIR Data related to on-going federally-funded SBIR efforts.
The Government has rights to certain limited use of the data, primarily for evaluation of the results of the award. While some agencies use the data only for evaluation and review purposes, others have interest in accessing the data to explore applications of the research or technology. These rights are stipulated in the SBIR Policy Directive (www.sbir.gov).
If an awardee feels its SBIR data is being, or in danger of being, inappropriately revealed or disclosed, the awardee should bring this to the attention of the SBIR officials of the agency involved and may contact the SBA
Awardee firms may negotiate with Federal agencies to give the Government additional rights to the SBIR Data; however, such negotiation must take place only after the award is made. An agency may not make any negotiation of SBIR data rights a condition for an award.
The small business and the research institution must develop a written agreement prior to a Phase I award. This agreement must be submitted to the awarding agency, if requested.