NASA and the Canadian Space Agency have teamed up to offer prizes awarded in three phases to teams who come up with new systems for providing nutritious, palatable and easy-to-prepare food in space. Currently, astronauts on the International Space Station eat a combination of fresh and pre-packaged shelf-stable food. They rely on re-supply from Earth. For longer duration lunar missions, or for voyages to Mars that can last months and years, more will be needed. Should we just send lots of chickens?
The Federal Register notice describing the prize, its requirements, and how to apply is here. The video is here. The rules for Phase 2 (Phase 1 is complete) are here.
Being a lawyer and therefore dull as dirt, I headed straight for the rules. You may check out the video, and you should. It’s adorable and inspiring.
Basics. Phase 2 offers prize purses of $1,000,000 US from NASA. Phase 2 (including an initial registration period) will last approximately fifteen months. Having a Phase 3 depends on promising submissions in Phase 2 that demonstrate a viable approach to achieving the goals of the prize challenge.
A quick review of the rules shows a couple items worth noting.
Intellectual Property. The rules address a participant’s rights to any intellectual property a participant proposes to use. For example, one of a contestant’s machines might be under a patent held by someone else. NASA’s rules say:
Teams must explain who owns the intellectual property of the proposed food production technology. If the technology is built on existing or off–the–shelf technology, Teams should detail the permissions (if applicable) they have to use that technology. If a Team is part of an organization, the submission should indicate which Team Members own the intellectual property.
NASA and the Methuselah Foundation, which is the organization running the challenge, claim no intellectual property rights from the Team. That part is good. According to the rules, all trade secrets, copyrights, patent, rights, and software rights will remain with each respective Team.
Appendix E also covers intellectual property, and it requires contestants to negotiate with NASA in good faith for NASA to use or hire someone else to use the contestant’s system if the contestant has intellectual property rights in the system:
To the extent the Team owns IP resulting from its participation in the Challenge, the Team agrees to negotiate in good faith with NASA for a grant of a nonexclusive, nontransferable, irrevocable license to practice or have practiced for or on behalf of the United States, the intellectual property throughout the world, at reasonable compensation, if NASA chooses to pursue such a license.
As this language makes clear, NASA does not commit to using the winner to furnish NASA’s space food requirements.
Insurance and Indemnification. Registrants must purchase insurance, and the rules provide details on how much. One item of concern is that the rules require that “The Team and all Team Members jointly and severally agree to indemnify the U.S. Government and the Methuselah Foundation against third–party claims for damages arising from or related to Challenge activities.“ (emphasis added). This appears too broadly worded. As written, Team A might have to indemnify the government and the foundation for harm Team B causes to third parties. Is this fair, given that Team A will likely have no control over Team B? One wonders, as well, whether NASA sought to deter individuals from participating with this requirement.
Registration deadline: February 28, 2022