Demystifying Intellectual Property in Government Contracting Series

Demystifying Intellectual Property in Government Contracting Series 2024

The Demystifying Intellectual Property in Government Contracting virtual class series provides access to two experts in Government Contracting Intellectual Property law and policy, on a monthly basis. The sessions will dive deep into important and timely issues related to IP and Data Rights for government employees and contractors. And, of course, bring your questions to the sessions.

Demystifying Intellectual Property in Government Contracting
Second Wednesday of the Month, 2:00-3:30pm ET
Individual Sessions are $189.00 and can be purchased by clicking on the session title.

January 10 – Introduction: Forms of IP, Strategic considerations for contractors and the Government related to IP

• Do the FAR and DFARS differ in the treatment of intellectual property under government contracts?
• How does the treatment of IP differ at the subcontract level?
• How do the rules and policies differ when dealing with commercial IP?
• Does the government have the right to use patents to which it has no rights?
• Does the government give its contractors the right to use patents to which it has no rights?
• When the government or its contractors use patents to which they have no rights, must the government compensate the patent owner?

February 14 – DFARS rights in non-commercial technical data, non-commercial computer software, and commercial item technical data

• Is there a distinction between the rights in technical data and computer software and the requirement for the delivering or otherwise furnishing of technical data and computer software?
• How are copyrights and trade secrets covered in the standard IP clauses?
• What rights does the government take to copyrighted material included in technical data or computer software?
• Can the contractor disseminate or sell rights to copyrighted material that is created with government funds?
• How is computer software covered in the standard IP clauses?

March 13 – Data rights under the FAR, commercial computer software issues, open source software issues

• Does the government treat technical data and computer software pertaining to commercial items differently than technical data and computer software pertaining to noncommercial items?
• Is there a definition of a commercial item?
• Can the government accept the vendor’s standard commercial license when it buys commercial computer software?
• Can the government allow competitors of the vendor to modify or upgrade commercial computer software?
• Can the government modify or upgrade commercial computer software with its own employees?
• How should a contractor deal with subcontractors furnishing commercial items?

April 10 – SBIR; Data rights in practice

• What is the SBIR/STTR Program and what is the purpose of each phase?
• What does this mean for SBIR contractor’s IP rights?
• Does the government treat technical data and computer software pertaining to commercial items differently than technical data and computer software pertaining to noncommercial items?
• Are there limitations on the Government’s ability to require contractors to give up rights during a competition [for new development work]?
• Can the Government evaluate the offerors’ proposals to restrict rights as part of the selection of the source [for a development contract]?

May 8 – Patent issues

• How many different clauses does the government use to address the rights to patents on inventions made during the performance of a government contract?
• How does the government determine that an invention is subject to the Patent Rights clause of the contract?
• What rights does the government take to patents on inventions made during the performance of a government contract?
• What rights does the government take to contractor’s pre-existing patents covering technology embedded in a product delivered under a government contract?
• What is a “march in right”?

June 12 – Remedies

• This session will focus on the remedies available to IP owners when their intellectual property is misused by or on behalf of the United States Government. We will also discuss the scope of immunity from traditional liability for patent infringement and copyright infringement under 28 U.S.C. 1498.

July 10 – Hot topics and emerging issues