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Patent Issues and ERA

Patent Issues and ERA. Stephani l. abramson Counsel for procurement and employment law National archives and records administration (301) 837-1888 Stephani.abramson@nara.gov. ERA Contract Terms. Contract includes data rights clause (FAR 52.227-14, Alternate IV)

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Patent Issues and ERA

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  1. Patent Issues and ERA Stephani l. abramson Counsel for procurement and employment law National archives and records administration (301) 837-1888 Stephani.abramson@nara.gov

  2. ERA Contract Terms • Contract includes data rights clause (FAR 52.227-14, Alternate IV) • Provides Government with paid-up, nonexclusive, irrevocable, worldwide license for computer software • Contract does not include any clauses relating to patent rights, but patent rights clause is read into contract under Christian doctrine • Standard patent rights clause (FAR 52.227-11) provides Government with a nonexclusive, nontransferable, irrevocable, paid up license to practice subject inventions developed with Government funds in course of contract, provided…

  3. ERA Contract Terms Con’t • Contractor must notify Government of subject invention within 2 months of being notified of invention by inventor • If no notice (or no timely notice), Government can assert ownership of subject invention

  4. LMC Patents • LMC applied for 8 patents related to ERA contract • 3 patents have been issued • LMC did not notify NARA of subject inventions until January 2011 • NARA notified LMC of its intent to assert ownership of patents as permitted by FAR 52.227-11 • Awaiting response from LMC • Patents are for design and implementation related to ERA

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