Intellectual Property Rules in Government Contracts: Know Your Technical Data and Patent Rights

Doing business with the U.S. Government brings with it an abundance of unique rules and regulations governing the allocation of rights to intellectual property. These rules and regulations are designed to balance the contractor’s contribution in developing the intellectual property with the U.S. Government’s investment in it, as well as other policy considerations. For contractors, it is imperative to understand and to manage adherence to these rules to properly and effectively protect their intellectual property.

This 90-minute webinar will provide an overview of the key principles governing the allocation of rights in technical data, computer software, and patents. The speakers will also discuss changes to the treatment of commercial items, statutory changes in National Defense Authorization Act for FY 2012 (NDAA 2012) affecting defense contractors as well as regulations relating to patent rights in FAR Part 27 and DFARS Part 227, and contract clauses in FAR 52.227 and DFARS 252.227. With this background, the webinar will also provide some practical pointers to help contractors avoid traps for the unwary that could lead to the compromise of their intellectual property.

Learning Objectives

• Understand the policy objectives behind the rules relating to rights in technical data, computer software, and patents.
• Discover the different types of rights the U.S. Government may obtain in a contractor’s technical data and computer software.
• Understand when the U.S. Government obtains rights in a contractor’s technical data and computer software.
• Understand the distinction between data rights rules for commercial and noncommercial items, and understand recent changes to the treatment of commercial items.
• Become familiar with the National Defense Authorization Act for FY 2012’s effect on the data rights scheme.
• Understand the basic regime for the allocation of patent rights for inventions made under federal contracts.
• Identify steps that can be taken by contractors to maximize their rights to certain technical data.
• Identify strategic considerations to help preserve or enhance contractor’s intellectual property rights.