WHAT ROLE DOES IP PLAY IN THE GRANT PROCESS
IP is a very confusing area for many reasons. One reason is that many reviewers think they know a lot about IP. Well, some do, but most do not. I have seen many applications unjustly affected by reviewers who were sure they knew more about IP than they actually did. For the most part, you can avoid this problem, if you know how to properly position the information in your application.
For Phase I applications, IP is not a review criterion. IP is specifically precluded from the review; however this will not stop a reviewer on a mission. So what can you do about it? If at all possible, file a provisional patent before submitting your application. Check with a patent attorney about this. Most good patent attorneys will give you free advice in this area. If they try to charge you, then try someone else. Their advice coupled with the high quality of information available on line today will help you to make an informed decision. In fact, many people file their own provisional patents without using a lawyer, once they are experienced.
Sometimes you will want to enter an area that is covered by someone else’s patent. One way to approach this situation is to have that entity write you a letter of support and interest in licensing if the studies work out. If this is not possible, it can be very difficult to get funding for a project that clearly infringes on someone else’s patent. You might want to talk to a patent attorney and have an opinion written and attached as a letter of support and outlining the strategy that will be used to bring your product to market. This will usually cost money.
For Phase II, IP is much more of an issue. In fact the Commercialization Plan specifically calls for a discussion of IP, so hopefully you have taken care of the issue by this time. It is possible to get Phase II funding without IP, but it can be an uphill battle.
For more information, click on this link : High Level SBIR/STTR Grant Writing Techniques.
If you have any questions, please feel free to contact me or go to SBIR-STTRgrantshelp.com.
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