SBIR/STTR Policy Directive Update: What’s Ahead For Data Rights

On November 7, the Small Business Administration (SBA) released an advanced notice of Policy Directive amendments and a request for comment on revisions to Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) policy. The Policy Directive updates are intended to provide greater clarity on SBIR and STTR data rights.

The Small Business Act¹ established that SBIR and STTR awardees retain rights to the data generated in performance of an SBIR or STTR award. Current SBA Policy Directives instruct agencies to protect from disclosure and nongovernmental use all SBIR and STTR technical data developed as part of work performed under a funding agreement — be it Phase I, Phase II, or a Federally funded Phase III — for a period of at least four years, unless the agency obtains permission from the awardee to disclose the data in question.²