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Overview of Patent Issues and Contract Terms Related to ERA Procurement Law

This document outlines the key patent issues and contract terms for the National Archives and Records Administration (NARA) related to the ERA program. It details the data rights clause (FAR 52.227-14, Alternate IV), which grants the government a paid-up, nonexclusive license for software. It also touches on the obligations of contractors to notify the government about subject inventions within two months. The document provides a summary of the patents applied for by LMC in relation to the ERA contract and NARA's assertion of ownership rights regarding these patents.

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Overview of Patent Issues and Contract Terms Related to ERA Procurement Law

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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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