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Research to Operations

Commercialization Instructions for Transition Plans

(Version: November 15, 2023)

For research and development (R&D) that is intended for the commercial sector, additional information is required to protect NOAA and partner developed intellectual property.  In cases such as this, a commercialization section should be added to the transition plan.  The following sections should be added into your transition plan template.  Contact the Technology Partnerships Office (TPO) early in the R&D process for guidance on protection of intellectual property and commercialization. Typically, PI(s) should reach out to TPO and they can do a simplified version of the disclosure form and decide whether or not a full disclosure form CD-240 is needed. TPO is also in the process of building an online submission form that is easy and plain language for the inventors. TPOโ€™s objective is to make this easy. TPO does not want researchers making the decision on commercialization, it’s not their job (by statute) nor their expertise.

 NOAA Technology Transfer program contact: NOAA.T2@noaa.gov

Section X.X Commercialization

 In order for NOAA or any of our partners to protect intellectual property interests, it is important to notify the NOAA Technology Partnerships Office (TPO) before disclosing any technology at any conference or submission to any publication.

 

Section X.X.1 Phase 1: Intellectual Property Disclosure

[Contact TPO to determine if an โ€œInvention Disclosure Formโ€, which initiates the Technology Transfer process, is necessary. The first phase involves a rights determination and assignment of rights. The decision point on moving onto the next phase is determining who owns the technology. TPO will assist identifying questions that need to be answered and provide feedback on commercialization]

Section X.X.2 Phase 2: Intellectual Property Evaluation

[An assessment of the patentability of the technology will be completed. This will include a market analysis and recommendations report. The key decision point to move forward to the next phase will be a decision about whether the intellectual property needs to be protected. If a market analysis has been completed or the potential servicing market is known, enter the results in this section. This would also include any desire for the technology to be open sourced. Otherwise, state that it will be completed as part of the transition process.]

 

Section X.X.3 Phase 3: Intellectual Property Protection

[If applicable, TPO will begin the process for a provisional patent application. During this process, there will be an investigation of whether there are existing patents or similar patents, and this will lead to a key decision point on whether or not to continue.]

If appropriate, a provisional patent will be filed to protect the technology for one year.  This allows for public disclosure while a decision is made on whether or not a full patent application is needed.  

Section X.X.4 Phase 4: Marketing & Licensing

[If warranted, the technology will be marketed to potential users, and negotiations will be made for either an exclusive or a non-exclusive licensing agreement.]

If the technology is not open-sourced and a patent is pursued, TPO will be the lead organization marketing to the private sector and conducting licensing agreements. If the technology is open-sourced, marketing will be led by the PI with TPO providing support and providing guidance on open source licensing and metric tracking.

 

It is important to note that a transition plan provides the vision or roadmap for the proposed capability and guides transition efforts toward use, including operations. It is a living document to be amended with increasing detail as the project matures.  It will remain valid for the life of the project, including its successful completion to end user-defined metrics for success and operational constraints, and it clearly surpasses each of the associated gates or requirements for transition.

For assistance in developing and customizing transition plans, please consult with the  Office of Research, Transition, and Application.

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