Intellectual Property issues are raised in nearly every Federal procurement, and are critical and foundational in high-tech acquisition.  Most recently, we have witnessed a significant spike in the pace and significance of statutory and regulatory changes to the rules for acquiring IP, and understanding this evolution will be a focus area in the virtual class series.   A key aspect of understanding how the game is changing, and what is likely to come next, is to understand the rules as they exist today.   This program lays the foundation for that understanding, focusing on “patent rights” as contrasted with "data rights". An overview of topics covered:

  • 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 must a contractor do to retain commercial rights 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”?
  • 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 it created with government funds
  • How is computer software covered in the standard IP clauses?

Second Tuesday of the Month  (* asterisk denotes a break from pattern)

2:00 pm – 3:30 pm (ET)

Click here for the full series registration!

*May 17: Introduction: Forms of IP, Strategic considerations for contractors and the Government related to IP

Jun 14: DFARS rights in non-commercial technical data, non-commercial computer software, and commercial item technical data

Jul 12: Data rights under the FAR, commercial computer software issues, open source software issues

Aug 16: SBIR; Data rights in practice

Sep 20: Patent issues

Oct 11: Hot topics and emerging issues – MOSA, 813 panel and its aftermath, new legislation/regulation/policies/initiatives, OTAs and alternative procurement vehicles (Part 1)

Nov 8: Hot topics and emerging issues – MOSA, 813 panel and its aftermath, new legislation/regulation/policies/initiatives, OTAs and alternative procurement vehicles (Part 2)

Continuing Education Credits

CLP
2.0 credits per session; 14 credits for entire series

CPE (Business Law)
1.5 credits per session; 10.5 credits for entire series. (If a CPA claiming CPE credits, you should refer to respective state board requirements regarding acceptability on one-half CPE credits.)

CLE
1.5 credits per session; 10.5 credits for entire series (Pending Approval in VA)

CEU
0.15 credits per session;1.05 credits for entire series 

PDU

This course can be submitted to Project Management Institute (PMI) for PDU.  Upon their approval, it may be worth 1.5 PDU credits per session; 10.5 PDU credits for entire series