Entrepreneurs’ Infrastructure Programme -

Accelerating Commercialisation

Version November 2014

Contents

1Purpose of this guide

2Programme overview

2.1How Accelerating Commercialisation works

2.2How to contact us

3What assistance is available

3.1The Portfolio

3.2Commercialisation Advisers

3.3Expert Network

3.4Promotional activities – national and international roadshows

4Who can apply

4.1Eligibility Criteria

4.2Researchers and individuals applying through a Commercialisation Office or Eligible Partner Entity

4.3What we mean by ability to fund your share of project costs

4.4What we mean by ownership or beneficial use of intellectual property

4.5What we mean by ‘demonstrate that the novel product, process or service will be traded externally’

5Eligible projects

5.1What we mean by first sales

5.2Eligible expenditure

6How to lodge an Expression of Interest (EOI)

6.1How your EOI will be reviewed

7How to lodge an application

7.1Who can lodge an application

7.2What happens to the application after lodgement

8The criteria you need to address

8.1Merit Criterion 1

8.2Merit Criterion 2

8.3Merit Criterion 3

8.4Merit Criterion 4

8.5Merit Criterion 5

8.6Merit Criterion 6

9How we assess your application

9.1Assessment process

9.2Final decision

9.3Resubmission of an application

10If your application for grant funding is successful

10.1Funding agreement

10.2How the grant will be paid

10.3Project reporting

10.4Project variations

10.5Tax obligations

11If your application to join the Portfolio is successful

12Public announcement

13Other things you should know

13.1Conflicts of interest

13.2How we use your confidential information

13.3How we use your personal information

13.4Freedom of information

14Feedback

15Glossary

Appendix A. Eligible Expenditure Guidelines

1.Introduction

2.Eligible expenditure governing principles

3.Heads of expenditure

4.Treatment of certain activities

5.Activities not funded under Accelerating Commercialisation

6.Audit certificate

Appendix B: Plant expenditure decision tree

Appendix C: Growth sectors definitions

1Purpose of this guide

This guide sets out the rules for receivingAccelerating Commercialisation assistance, including the rules for grant funding. These rules and related instructions comply with the Programme Guidelines that provide the framework for the administration of the Entrepreneurs’ Infrastructure Programme.

You should read these documents carefully before you start filling out an application.

Definitions for italicised terms can be found in the Glossary.

2Programmeoverview

Accelerating CommercialisationhelpsAustralian entrepreneurs, researchers, inventors, start-ups, Commercialisation Offices and small and medium enterprises address the challenges associated with commercialising novel intellectual property in the form of new products, processes and/or services.

Accelerating Commercialisation is a key offering under the Entrepreneurs’ Infrastructure Programme (EIP).[1]The objective of EIP is to drive business growth and competitiveness throughsupport for business improvement and promoting economic growth through research connections and commercialisation of novel products, processes and services.

Accelerating Commercialisationcontributes toEIP’sobjective by:

  • accelerating the commercialisation of novel intellectual property in the form of novel products, processes and services;
  • creating new businesses based on novel intellectual property with high growth potential; and
  • facilitating greater commercial and economic returns from both public and private research and development investment to drive business growth and competitiveness.

Accelerating Commercialisationworks by providing you with expert guidance and connections through Commercialisation Advisersby helping youtofind the right commercialisation solutions for your novel product, process or service. This may include matched funding to support your commercialisation activities.

The assistance and entrepreneurial infrastructure available through Accelerating Commercialisation is further described at section 3.

2.1How Accelerating Commercialisation works

Accelerating Commercialisation works through an Expression of Interest (EOI) process, followed by a competitive application process.

If your application is successful, you will need to sign either a services agreement (if not receiving grant funding), or a funding agreement that sets out the project objectives, deliverables and milestones and your compliance and reporting obligations.You should read and understand the relevant agreement before completing an application. View the funding agreementor the services agreementat business.gov.au.

During the process, you will receive assistance from a Commercialisation Adviser and a Customer Service Manager. Their roles are as follows:

  • Commercialisation Advisers guide you through the commercialisation process. They have extensive experience in commercialisation, many having taken their own products and services to market, and have good networks within industry.
  • Customer Service Managers are Departmental employees who advise on eligibility and manage the funding agreements. Customer Service Managers work closely with the Commercialisation Advisers.

2.2How to contact us

If you would like further information before completing an EOI call the contact centre on 132846, or contact us at business.gov.au.

3What assistance is available

After you submit an EOI, a Commercialisation Adviser may contact you to provide guidance on your commercialisation project, and if you decide to proceed to the application stage, feedback on your project’s potential merits. This guidance can be provided face-to-face, over the phone, or by email – whichever is most appropriate.

All applications will be assessed through a merit-based competitive process.

Successful applicants for Accelerating Commercialisation can access the following assistance for a maximum period of two years:

  • inclusion in the Accelerating CommercialisationPortfolio
  • guidance from a Commercialisation Adviser to help you achieve your project objectives
  • opportunity to access the Expert Network (via a Commercialisation Adviser) to help make important business connections, facilitate capitalraising and/or enter into new markets
  • potential exposure to investors and multi-national corporations through domestic and international roadshows
  • grants of up to 50percent of eligible project expenditure. The maximum grant amount is $250,000 for Commercialisation Offices and Eligible Partner Entities, and $1million for all other applicants
  • potential opportunities to access otherElement offerings under EIP.

3.1The Portfolio

An important feature of Accelerating Commercialisation is the construction of a Portfolio of Australian businesses that are undertaking early stage commercialisation activities.

The Portfoliowill bring qualified commercialisation opportunities together into a single place so that they are visible to investors, other entrepreneurs, domain experts, supply chains and strategic corporations.

If you are successful in becoming part of the Portfolio you can expect to:

  • be featured on a publicly available database as a qualified Participant ready for introductions, supply chain and investment opportunities;
  • receive specialist guidance from Commercialisation Advisers;and
  • be introduced (via a Commercialisation Adviser) to relevant members of the Expert Network to potentially further accelerate your commercialisation goals.

3.2Commercialisation Advisers

Commercialisation Advisers are independent, professional advisers who will guide you along the pathway to commercialising your intellectual property (IP) in the form of a novel product, process or service. They can assist you by:

  • assessing your needs and helping you toaccess expertise and specialist advice
  • guiding and assisting you through the commercialisation process
  • exploring alternative means of financing your project
  • guiding and assisting you in operational matters
  • monitoring your progress
  • developing your professional networks, including by linking you to members of the Expert Network.

Each Commercialisation Adviser has extensive experience in commercialisation either having taken their own products, processes or services to market, or having held senior (C Level[2]) roles in companies commercialising novel products, processes or services.

All have good networks within industry.For profiles of the Commercialisation Advisers, visit business.gov.au.

3.3Expert Network

The Expert Networkcanhelp you make important business connections, and create opportunities for you to raise capital and enter new markets.

Members of the Expert Networkinclude successful entrepreneurs, domain experts, professional investors and strategic corporations (including relevant Government agencies such as Austrade and the Export Finance and Insurance Corporation).

Expert Network members have extensive experience in management, commercialisation, capital markets and business development. They offer knowledge, skills, insights and links to help you in bringing your novel product, process or service to market.

The Expert Network builds upon the support you will receive from your Commercialisation Advisers as a growing resource to help you reach the people you need to reach – faster.

3.4Promotional activities – national and international roadshows

Once you are in the Portfolio, you may have access to networking and promotionopportunities that are not readily available to other businesses. These activities work to promote investment and collaborative opportunities. Activities can include:

  • networking events
  • exposure to multi-national corporations and investorsthrough international trade missions
  • opportunities to join Australian delegations to major global events in select industry sectors.

4Who can apply

You need to meet certain eligibility requirements to apply. These are discussed below.

Note that applicants forAccelerating Commercialisation do not need to operate within one of the growth sectorsof EIPto be eligible to apply.

4.1Eligibility Criteria

You are eligible to apply if at the time of lodging your application:

  • You are either:
  • a nontax-exempt company incorporated under the Corporations Act 2001(Cth)that is registered for GST[3] andits trading activities:
  • form a sufficiently significant proportion of its overall activities as to merit it being described as a trading corporation; or
  • are a substantial and not merely peripheral activity of the company;
  • an individual, researcher, partnership or unincorporated trustee who agrees to form a non tax-exempteligible corporationbefore signing a funding agreement; or
  • a Commercialisation Office or Eligible Partner Entity;
  • thecombined annual turnoverof the applicant and of each related body corporate (if any) for each of the three years prior to lodgement of the application is less than $20million; except
  • if you are controlled by a publicly funded research organisation (PFRO) then yourannual turnoverby itself must be less than $20million for each of the three years prior to the lodgement of the application;
  • you have a novel product, process or service you wish to commercialise and trade to customers external to the state or territory of your place of business[4];
  • you have ownership, access to, or the beneficial use of, any intellectual property that is the subject of, or is necessary to carry out the eligible project;
  • you are not named by the Workplace Gender Equality Agency as an organisation that has not complied with the Workplace Gender Equality Act 2012 (Cth).

If you are applying for grant funding, you must also demonstrate the ability to fund at least 50percent of the eligible expenditure of the eligible project, other than from government grant sources.

4.2Researchers and individuals applying through a Commercialisation Office or Eligible Partner Entity

In some cases,Accelerating Commercialisation assistance can be provided to an individual or a researcher before a company is formed. These projects are likely to be relatively small and geared towards initially proving commercial viability or investment readiness. If this type of grant application is successful, the funding agreement will be between the Commonwealth and the Commercialisation Office or Eligible Partner Entity through which the researcher or individual has made the application. The researcher or individual will be included in the funding agreement as Key Personnel for the project.

A Commercialisation Office is an entity of apublicly funded research organisation(PFRO)that assists researchers in commercialising their intellectual property. It looks at the commercial potential of research outcomes and provides advice in areas such as intellectual property rights and protection, commercialisation strategy, partnering with industry and raising capital.

Where a research organisation does not meet the definition of a PFRO it may apply to theDepartment to be registered as an Eligible Partner Entity. A key requirement for registration is that the organisation has a business unit whose primary purpose is to helpresearchers commercialise their intellectual property.

To qualify as an Eligible Partner Entity an organisation needs to be an eligible corporation and approved by the Programme Delegate. The application form can be requested from the Programme Delegate by emailing . The Departmentwill discuss with you the requirements and the process for becoming an Eligible Partner Entitybefore you complete the application. Once approved, Eligible Partner Entities will be listed on the Accelerating Commercialisation website business.gov.au.

Commercialisation Offices and Eligible Partner Entities are strongly encouraged to explore all internal avenues of financing commercialisation projects (where appropriate) before submitting a grant application under Accelerating Commercialisation.

4.3What we mean by ability to fund your share of project costs

You are required to match Accelerating Commercialisation funding for your project on at least a 50:50 basis.

Your share of project costs is 50percent of eligible expenditure up to the maximum grant limit and all remaining costs not met by the grant.

You do not need to have your share of funding fully available when you apply. However, you must be able to show that you can fund your share of project costs at the rate incurred on the project. You cannot use in-kind (non-financial) contributions or government grant sourcesto match the Accelerating Commercialisationgrant. You will need to provide documentary evidence of your ability to fund your share of project costs during the application phase, following the EOI process (refer to the Application Form for details on the required documentary evidence).

4.4What we mean by ownership or beneficial use of intellectual property

You must be able to demonstrate that you own, or have access to or beneficial use of, any existing IP needed to carry out the project. You are not eligible for Accelerating Commercialisationassistance if the intellectual propertyrequired is in dispute or there is unsatisfactory evidence of ownership, access to, or the beneficial use of the subjectintellectual property (‘Subject IP’).

If you have agreed to form a company, then you must assign all necessary intellectual property rights to the new company that will be party to the funding agreement.

If the entity is signing afunding agreementit is normally expected that it will own any new intellectual property (in addition to the Subject IP) resulting from the project (‘Project IP’). Arrangements regarding the useof Project IP which differ from this must be explained in detailin the application for Accelerating Commercialisationassistance.

The funding agreement requires you to seek prior approval from the Commonwealth for dealings with the Project IPin certain circumstances. This includes:

  • the licensing or sale of IP, or
  • the transfer of ownership of the Project IP, or
  • when company control changes, including through changes in the majority shareholding of a company.

This requirement applies only to those receiving a grantand only for a period of two years from the agreed startdate of your eligible project, regardless of the size of the grant.

4.5What we mean by ‘demonstrate that the novel product, process or service will be traded externally’

To meetthis eligibility criterion, you will need to show that you intend to trade the outcome of the project, either nationally or internationally.This could be in the form of selling your novel product, process or service, licensing the Project IP, or other type of commercial return.It is expected that your application would support such an intention.

5Eligibleprojects

To be eligibleyour projectmustaim to commercialise novel intellectual property in the form of a novel product, process or service.

Eligible projects aim to achieve at least one of the following:

  • Complete development of a novel product, process or service; or
  • Prove commercial viability of a novel product, process or service to a customer, investor or strategic partner; or
  • Make the first sales of the novel product, process or service in Australia or overseas, or
  • Drive the business towards commercialisation of itsnovel product, process or service in the marketplace by engaging an Experienced Executive.

Ineligible projects are those that:

  • Have a focus on basic research or technical experiments (R&D projects).
    However, if your project has been assessed (merit criteria) as having a HIGH likelihood of a commercial transaction when it is completed, then your project may include R&D activities and still be eligible, if these R&D activities are essential to undertake in order to achieve that commercial transaction.
  • Scale production and/or marketing activities in markets where you have alreadymade your first salesof the novel product, process or service.
  • Develop a novel product, process or service for internal use only (i.e. not for multiple sales).
    An example would be the development of an enhancement to a manufacturing process that the applicant will only use in its own manufacturing plants to produce an existing product more efficiently, or to increase the profitability of an existing service.
  • Commercialise the next version of an existing product, process or service where updates and changes are minor and therefore do not qualify as a novel product, process or service.

5.1What we mean by first sales

We recognise that commercial sales are the last stage of bridging the ‘valley of death’ between research and development and commercial viability.

First sales means that a company is able to demonstrate, consistent with its value proposition, market acceptance of its novel product, process or service in its key target market(s).

Accelerating Commercialisationdoes not support projects beyond the point of first sales.[5] This is because if it can be proven that your company and its novel product, process or service can be sold commercially in a key market, then financing is more readily available.

A project that aims to make first sales or other commercial transactions in an overseas market is unlikely to be competitive unless:

  • the overseas market is a key market for the novel product, process or service; and
  • the need for funding is clearly established, especially where your novel product, process or service has already been sold in Australia.

5.2Eligible expenditure

Grant funding will only be provided for eligible expenditure that is incurred on an agreed project as defined in the funding agreement. For guidelines on eligible expenditure see Appendix A.

If your grant application is successful, the version[6]of the eligible expenditure guidelines that applies to your project will be the version that is current at the date your application was accepted(the date of the application acceptanceletter).

Project expenditure is only eligible if it is incurred between the project commencement and completion date. You may start your project from the application acceptance date. However, we will not provide grant funding to unsuccessful applicants, and we are not responsible for any expenditure by successful applicants until a funding agreement is in place. If you choose to start your project before a funding agreement is signed, you do so at your own risk.