Guide
How does an SBIR Phase II cybersecurity company get from a transition program to a licensee?
A Phase II cybersecurity awardee gets to a licensee the same way any owner does, by defining the product, finding the commercial buyer who owns the problem, and validating the use case with that buyer, while working inside the terms of the award. The award funds the prototype and transition programs open doors, but neither pays anyone to answer the commercial question, so the awardee has to fund that answer, often partly through technical and business assistance.
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Homeland security and defense programs fund much early cybersecurity research through SBIR and STTR, and Phase II is where the technology becomes real: a prototype, a demonstration, and often a government customer who wants it. Then the award ends. What comes next is Phase III, which the SBIR program does not pay for, and which for most cybersecurity companies means a commercial buyer, a licensee, or a government program office with its own money.
The gap between a successful Phase II and a first commercial license is where many good security technologies stall. This guide is for the awardees in that gap and the program and accelerator directors who work with them. It covers what Phase III is, what federal transition programs do and do not do, the assistance funds available, and the commercial work that turns a prototype into a license.
What does Phase II give you, and what does it not?
Phase II gives you funded research toward a prototype demonstration, a relationship with the program office that topic came from, and the right to pursue Phase III. It does not give you a commercial buyer, a price, or a product a commercial security team can picture.
At homeland security, the program serves the department's operational components, and each award is built around a mission need. That mission need may or may not match what a commercial security vendor or a large enterprise would pay for. A prototype that solves a component's problem well can still need real product work before a commercial buyer sees a product in it.
Sourced facts
The DHS SBIR Program, administered by S&T for all DHS components, says Phase II typically funds up to USD 1,000,000 to USD 1,500,000 for 24 to 36 months to continue the research and work toward a prototype demonstration. Only Phase I awardees may take part in later phases.
Source: U.S. Department of Homeland Security, Science and Technology Directorate, Small Business Innovation Research Program. Checked .
What is Phase III, and who pays for it?
Phase III is commercialization or continued development of SBIR-funded work, paid for by someone other than the SBIR program: a private company, an investor, or a government buyer using non-SBIR money. There is no cap on its size or number and no deadline for reaching it.
For a cybersecurity company, Phase III usually takes one of three shapes. A government program office buys or extends the technology with its own budget. A commercial company licenses the technology, or the patents behind it, to put into its own products. Or the awardee raises money and sells a product itself. Many companies pursue more than one, and the licensing path is often the fastest route to commercial revenue when the awardee is small and the technology fits into a larger vendor's product.
Because Phase III has no deadline, a company that finishes Phase II without a buyer has not lost the option. It has lost momentum, and the cheapest time to find the commercial answer is while the Phase II team and the prototype are still in place.
Sourced facts
DHS describes Phase III as funded from a private or non-SBIR government source for commercialization of work done under prior SBIR funding, with no limit on number, duration, type, or dollar value, and no limit on the time between a Phase I or Phase II award and a Phase III award.
Source: U.S. Department of Homeland Security, Science and Technology Directorate, Small Business Innovation Research Program. Checked .
What do federal transition programs do?
They identify promising federally funded technologies, prepare them for market, and introduce them to partners, investors, and integrators. They open doors; the technology owner still has to walk a buyer through them with a product, a use case, and terms.
Homeland security's lab-to-market program began with cybersecurity research and has since widened to other mission areas. It supports several paths to market, licensing among them, and runs selected technologies through training, market validation, testing, pilots, and demonstration days. Its sources are largely national and defense-affiliated labs and federally funded research centers, so an SBIR company should not assume it is eligible; the program's current terms are the place to check.
What transition programs offer an SBIR company, even when it is not in one, is a model of the work. Market validation, pilots, and introductions to integrators are exactly the steps a Phase II awardee needs. The difference is that the awardee has to do them, or pay for them, itself.
Sourced facts
DHS S&T began its Transition to Practice program in 2011 to commercialize federally funded cybersecurity research; by its May 2020 fact sheet it had facilitated seven startups and the transition of 21 technologies, five as open source. The Commercialization Accelerator Program replaced it in fiscal year 2019 and supports licensing, startup creation, open source, and government use.
Source: U.S. Department of Homeland Security, Science and Technology Directorate, Commercialization Accelerator Program fact sheet (05-2020). Checked .
Technologies selected for the Commercialization Accelerator Program, drawn from national labs, defense-affiliated labs, and federally funded research centers, go through training, market validation, testing and evaluation, pilot deployment, and outreach, and are introduced to potential partners, investors, and integrators at technology demonstration days.
Source: U.S. Department of Homeland Security, Science and Technology Directorate, Commercialization Accelerator Program fact sheet (05-2020). Checked .
Can technical and business assistance pay for the commercial work?
Often, within published caps and your agency's rules. The agencies we checked publish identical caps for each phase, and list market research and validation and partner outreach among the uses. Homeland security publishes no separate TABA page that we could find, so a DHS awardee should read the TABA section of its own solicitation.
The caps are modest against the cost of a full commercialization effort, which is why the request should be specific. Name the commercial question, the services in the agency's own words, the written deliverables, and a schedule inside the period of performance. Our guide on TABA covers the agency differences and what a request should say.
Sourced facts
SBIR and STTR recipients may request up to USD 6,500 per Phase I project and USD 50,000 per Phase II project for technical and business assistance, under the reauthorization signed on April 13, 2026. The request goes in the application, with the vendor named in the budget justification where there is one.
Source: National Institutes of Health, NOT-OD-26-075: Policy changes to SBIR and STTR Discretionary Technical and Business Assistance. Checked .
DOE funds discretionary TABA for all DOE SBIR and STTR Phase I and Phase II awardees: up to USD 6,500 in the Phase I budget and up to USD 50,000 in the Phase II budget, for services performed during the project's period of performance.
Source: U.S. Department of Energy, Office of Science, Technical and Business Assistance. Checked .
NASA takes TABA requests only inside the Phase I (up to USD 6,500) or Phase II (up to USD 50,000) proposal, says there is no federally approved list of TABA vendors, requires an itemized vendor quote with deliverables, and does not consider requests made after submission.
Source: NASA SBIR/STTR Program, Technical and Business Assistance (TABA) Program. Checked .
How do you get from a prototype to a licensee?
In four steps: define the prototype as a product a commercial buyer can picture, map which commercial buyers own the problem, validate the use cases with people in those seats, and take a short package to the first licensee who can sign. The steps are the same as for any owner; the award terms add constraints counsel has to check at each one.
The common mistake is to treat the government customer's enthusiasm as proof of commercial demand. A component that needs the technology for its mission is a strong signal that the technology works. It is weaker evidence that a commercial security vendor would license it, because the commercial buyer's problem, budget, and alternatives are different.
- Define the product: what the prototype does for a commercial buyer, in that buyer's words, with the claims mapped to it.
- Map the buyers: which security vendors, platforms, operators, or component makers own the problem, and who inside each decides.
- Validate: short conversations with people in those seats, graded by how you know what they said.
- Package and approach: a non-confidential summary for the business owner, with counsel's review of anything more.
What does a commercial buyer need to see from an SBIR company?
The same things it needs from any owner, plus confidence that the award terms will not get in the way: a product it can picture, evidence the method works outside the demonstration, a clear view of what it would be licensing, and an answer on any government rights before terms are discussed.
Commercial security teams are used to evaluating technology from startups and research groups, and they ask direct questions. Has this run anywhere other than the demonstration environment? What would it take to run in ours? What exactly are we licensing: the patents, the code, the know-how, or all three? Who else has rights in it? An awardee who can answer those in writing before the first technical meeting moves faster than one who answers them as they come up.
The government relationship is an asset in this conversation when it is presented well. A component that funded the work and wants to keep using it is evidence the technology solves a real problem under real constraints. What the commercial buyer needs on top of that is a translation: the same capability described in terms of its own product, its own customers, and its own roadmap.
- A product description written for a commercial buyer, with no mission language.
- A short account of where the prototype has run and under what conditions.
- A plain list of what a license would include: patents, software, data, and know-how.
- Counsel's written view on government rights and export controls, ready before terms.
What should program and accelerator directors do?
Ask the commercial question while Phase II is still running: who outside government would pay for this, and how would we know? Directors who ask it early give awardees time to budget assistance funds and to start validation before the team and the prototype disperse.
Directors can also help awardees separate the two audiences. The program office cares about the mission. The commercial licensee cares about its product, its losses, or its roadmap. A short exercise that rewrites the Phase II summary for a commercial buyer, with no mission language, tells everyone quickly whether the commercial case exists yet.
Some agencies publish starting-point lists of commercialization service providers without endorsing anyone on them. They are useful, and most providers on them are generalists. For a cybersecurity technology the useful question to ask any provider is whether they know the commercial buyers in that market by name and seat.
Sourced facts
DOE publishes a list of commercialization service providers as a place to start, says it is not exhaustive, and states that DOE does not endorse or evaluate the providers on it.
Source: U.S. Department of Energy, Office of Science, SBIR Commercialization Services. Checked .
Questions for your patent counsel
- What rights does the government hold in the technology and data from our SBIR or STTR award, and how do they affect a commercial license?
- Do the award's data rights limit what we can show a commercial buyer, and for how long?
- Are any parts of the technology export-controlled in a way that limits which buyers we can approach or what we can share?
- Do our patent filings cover the commercial use cases, or only the mission use case in the award?
- What can we share with a commercialization vendor or a prospective licensee before an NDA?
- Would an exclusive commercial license conflict with any commitment to the government customer?
Questions we hear
Does Phase III have to follow Phase II immediately?
No. Homeland security says there is no limit on the time between a Phase I or Phase II award and a Phase III award. The practical limit is momentum: the team, the prototype, and the government customer's interest.
Can a commercial license count as Phase III?
Homeland security describes Phase III as funded from a private or non-SBIR government source, so private commercialization fits that description. Whether and how your agency records a license as Phase III is a question for your program office.
Is there a TABA page for homeland security awards?
We could not find a separate one. The homeland security program pages describe the phases; the TABA terms for a given award are in its solicitation.
Where Patenture fits
Patenture works with cybersecurity SBIR and STTR awardees on the commercial answer the award does not pay anyone to find. The Claim to Market Read takes a funded prototype and its patents to a plain-language claim explainer, a use-case inventory scored and tiered with the bottom tier killed in writing, an honest moat read, order-of-magnitude sizing, questions for patent counsel, and a table of what the read did not settle. It may qualify as a technical and business assistance expense, subject to your agency's rules, and we can describe it in your agency's terms before you submit.
By Mike Dayton. Published . Updated .
Every engagement starts with a mutual NDA and a written data-handling annex your counsel can review before intake. How confidentiality works.
Patenture is not a law firm. The claim explainer and the counsel question list are commercial analysis; claim construction, validity, and prosecution strategy stay with your patent counsel, whose access is a condition of the engagement.
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