FR 2021-00610

NASA has announced its intention to grant a license for a specific technology—a miniature bioreactor system for long-term cell culture—to Brand Labs USA, LLC. This license could be exclusive, co-exclusive, or partially exclusive, essentially meaning that Brand Labs could be one of the few companies, or the only company, permitted to utilize this technology. The notice opens the floor to objections and competing applications until January 29, 2021, emphasizing that any submissions must meet the legal guidelines.

Summary of the Document

The document outlines NASA's intent to grant particular intellectual property rights concerning a patented technology to a designated company. This type of action involves the transfer of federal innovation into commercial use, with hopes of further developing a technology under private stewardship. Brand Labs USA, LLC, located in Pompano Beach, Florida, is identified as the prospective licensee. The announcement reflects an initial step, as the decision to grant the license will depend on the absence of valid objections and the fulfillment of regulatory criteria.

Significant Issues and Concerns

Transparency in the Selection Process

One of the critical issues is the absence of specific details concerning the criteria used to identify Brand Labs USA, LLC as a suitable licensee. This lack of clarity might lead to questions about the fairness and transparency of the selection process. Stakeholders might expect a more detailed explanation of how and why Brand Labs was chosen above other potential candidates.

Limited Public Visibility

The notice indicates that objections and the arguments supporting them will not be made available to the public. Moreover, these submissions are not subject to disclosure under the Freedom of Information Act, which might be viewed as a lack of transparency in governmental dealings.

Definition of Licensing Terms

The document's use of the term "partially exclusive" may prompt confusion as it does not clarify the scope or limitations this might impose. Clarity on this aspect is essential for other interested parties to understand the parameters of the licensing agreement.

Short Timeframe for Responses

The notice gives a relatively brief window for other companies to submit objections or applications, with a deadline falling just 15 days after the notice's publication. This narrow timeframe could potentially limit the ability of interested parties to participate effectively in the objection process.

Impact on the Public and Specific Stakeholders

Broad Public Impact

For the general public, this type of notice exemplifies the ongoing collaboration between public agencies and private enterprises. Successful transitions of technology from public to private hands could lead to advancements that benefit society, such as in the fields of healthcare or biotechnology. However, perceptions of opacity in government dealings could impact public trust.

Impact on Stakeholders

For businesses in the biotechnology sector, particularly those focusing on bioreactor systems, this notice represents both a challenge and an opportunity. Other companies might find the tight deadline a barrier to competition, but successful objection or application could enable them access to a promising technology.

Stakeholders like Brand Labs USA, LLC stand to benefit directly from the potential license, providing them with a competitive edge in a specialized market. However, they must prepare to navigate potential hurdles should objections arise or if regulatory requirements demand further conditions be met.

By opening this technology to licensing, NASA is contributing to the potential expansion of innovative applications, albeit within a framework that allows for limited participation and opportunity for public scrutiny. These dynamics underline the delicate balance between government transparency, private enterprise engagement, and public benefit.