Sec. 304. Intellectual property protection for technology development
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Section 9 of the Small Business Act ( 15 U.S.C. 638 ) is amended by adding at the end the following: Subject to paragraph (2)(B), the cost of seeking protection for intellectual property, including a trademark, copyright, or patent, that was created through work performed under an SBIR or STTR award is allowable as an indirect cost under that award. A Federal agency shall not directly or indirectly inhibit, through the policies, directives, or practices of the Federal agency, an otherwise eligible small business concern performing under an SBIR or STTR award from recovering patent costs incurred as requirements under that award, including— the costs of preparing— invention disclosures; reports; and other documents; the costs for searching the art to the extent necessary to make the invention disclosures; other costs in connection with the filing and prosecution of a United States patent application where title or royalty-free license is to be conveyed to the Federal Government; and general counseling services relating to patent matters, including advice on patent laws, regulations, clauses, and employee agreements.
After consultation with contracting or auditing authorities, the patent costs described in subparagraph
(A)shall be allowable for technology developed under a— Phase I award, as indirect costs in an amount not greater than $5,000; Phase II award, as indirect costs in an amount not greater than $15,000; and Phase III award in which the Federal Government has government purpose rights (as defined in section 227.7103–5 of title 48, Code of Federal Regulations). .
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Sec. 304
Intellectual property protection for technology development
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