Technology Transition

Introduction

When technologies transition out of the research and development (R&D) phase into the commercial market, it is a win for both industry and the government. Technology transition enables innovative technologies to fuel economic growth by increasing corporate and small business revenue, thereby creating jobs and services critical to ensuring the United States remains ahead in the fight to combat terror. The government also benefits by ensuring that the investments made into R&D reach the commercial or government market and remain good and efficient stewards of taxpayer dollars.

Technology transition is the process of taking a technology from the developmental and prototype phase to production and deployment by the end user community. Transition success is achieved when products resulting from R&D efforts have evolved to the commercial market and/or have been inserted into government acquisition programs and can be easily and continuously obtained by the combating terrorism community. The path from the research and development phase to transition success can be challenging, and IWTSD will provide assistance to overcome transition challenges to ensure success for the developers and end users.

Intellectual Property

Intellectual Property (IP) is considered a top asset of any company and should be handled accordingly. IP encompasses rights that are protected legally by, among other protections, patents and copyrights. Federal statutes permitting patenting an invention and obtaining a copyright have been enacted under the authority of Article 1, Section 8, Clause 8 of the U.S. Constitution. It is important to have a good understanding of intellectual property and data rights to ensure that IP assets of a company are recognized and protected. Additional information on IP and data rights can be found in the Defense Federal Acquisition Regulation Supplement (DFARS):

Additional information on intellectual property can be found in Appendix B of the IWTSD Technology Transition Handbook.

Export Control

If there is a desire to transition a technology to the global market, then export control needs to be addressed. Export control involves multiple government agencies, and companies must be in compliance with export regulations. Within DoD, the focal point on export controls is the Defense Technology Security Administration (DTSA). The Department of State and the Department of Commerce are the lead agencies responsible for regulations governing the export of defense articles, commercial items, and dual-use items. Export authorization can be revoked, suspended, or amended by the Directorate of Defense Trade Controls (DDTC) for a variety of reasons.

The two primary export regulations are the:

• International Traffic in Arms Regulation (ITAR), issued by the Department of State, which controls the export of defense-related articles and services ensuring compliance with the Arms Export Control Act (22 USC 2778).
• Export Administration Regulation (EAR), issued by the Department of Commerce, which controls the export of dual-use items (items that have both commercial and military or proliferation applications) and purely commercial items. Many items subject to the EAR are set forth by Export Control Classification Numbers on the Commerce Control List.

Additional information on the subject of export control can be found in Appendix C of the IWTSD Technology Transition Handbook.