Exploitation of rights from the US space program by NASA: Review of the process

The legal environment, and some observations on the policies, procedures, and practices developed and instituted by NASA with regard to the treatment of intellectual property rights arising out of NASA support, are presented. The allocation, protection, and exercise (or exploitation) of such rights are considered. Focus is on the exercise (or exploitation) of intellectual property rights in a manner that provides an incentive to achieve beneficial or commercial use by the private sector of technology resulting from the U.S. space program. While some emphasis is on matters unique to the U.S. space program, many of the policies, procedures, and practices supported research and development activities. The process of making the results of U.S. government supported research and development activities available to the private sector for beneficial or commercial use, whether or not subject to intellectual property rights protection, is commonly known as technology transfer. Consequently, the consideration of intellectual property rights is in the context of the broader technology transfer objectives of NASA.