IP developed under a Gov XT

Started by OuterSpace · May 16, 2022 · 1 replies

  1. O

    OuterSpace

    May 16, 2022 · 4y ago

    Original post

    My company is a Subcontractor to a Prime who will be receiving a Prime contract from AFRL via an OTA. I understand how to assert and protect our IP before subcontract award, but my question is what rights do the parties have to any IP that is developed during contract performance?

    Does the IP belong to the government at that point? Does the Prime get any rights, and if so, which (Unlimited, Limited, Government Purpose)? Do we as the sub get any rights, and if so, which?

    Thank you

  2. V

    Vern Edwards

    May 17, 2022 · 4y ago

    The answers to your questions will depend on the terms of the OTA contract, which are negotiable. Traditional data rights clauses don't apply.

    See this Briefing Paper by Jay DeVecchio:

    https://media2.mofo.com/documents/190701-dod-data-rights-ip-simplified.pdf

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