Overview
Learn about the ins and outs of Small Business Innovation Research (SBIR) Data Rights from both a legal and contracting standpoint so that Small Business Concerns (SBCs) have a better understanding of the rights afforded to them. SBIR Data protection is one of the most unique and important protections accorded SBIR and Small Business Technology Transfer (STTR) firms. These protections apply to all phases of the SBIR and STTR programs. The Government receives a limited nonexclusive license, or right to use, SBIR Data, but such use cannot include disclosing it in any way. This nondisclosure obligation is accompanied by a Data Rights protection period.

(Per 52.227-20 Rights in Data-SBIR Program, SBIR data is defined as data first produced by a Contractor that is a small business concern in performance of a small business innovation research contract issued under the authority of 15 U.S.C. 638, which data are not generally known, and which data without obligation as to its confidentiality have not been made available to others by the Contractor or are not already available to the Government. SBIR rights means the rights in SBIR data set forth in the SBIR Rights Notice of paragraph (d) of this clause.)

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