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Patrick Hogan Vice President and Associate General Counsel Intellectual Property & Technology Law L. Seminar on R&D Commercial Practices and Government Contracts April 22, 2002. US Government is Lockheed Martin’s Primary Customer. R&D Work. Mixed Funding. US Gov’t Contract

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patrick hogan vice president and associate general counsel intellectual property technology law l

Patrick HoganVice President and Associate General CounselIntellectual Property & Technology LawL

Seminar on R&D Commercial Practices and Government Contracts

April 22, 2002

us government is lockheed martin s primary customer
US Government is Lockheed Martin’s Primary Customer

R&D Work

Mixed

Funding

US Gov’t Contract

Research & Development

(“CRAD”)

Private Funding

(IRAD, B&P, etc.)

Source of

Funding:

Regulations: FAR DFARS NASA FAR SUP

Gov’t Purpose

Rights

Limited/Restricted

Rights

Government’s

Rights:

Unlimited

Rights

slide3

Develop a Corporate Internal Process that Maps to Regulations and Associates R&D IP Deliverables* with the Source of Funding of the IP Deliverables

If Process determines that

Private Funded or Mixed Funded IP

will be delivered to Government then

Notify and Mark

the delivered IP with

appropriate restrictive legend

the Gov’t prior to contract award

(usually in proposal) that IP

will be delivered with other than

unlimited rights

* But see Deferred Ordering Clause

lockheed martin subprocess invention disclosure reporting system
Lockheed Martin Subprocess:Invention Disclosure Reporting System

CRAD

Inventions

Mixed Funded

Inventions

Private Funded

Inventions

InventIt™

(Lockheed Martin’s online Invention Disclosure System)

Subject Invention?

  • Invention Review Board Decision Factors:
    • Any Gov’t Rights (Subject Invention)?
    • Protects Key Technologies?
    • Commercialization Applications?
    • Meets Offset Requirements?

Patent

Trade Secret

Publish

problem areas in protecting ip in government contracts
Problem Areas in Protecting IP in Government Contracts
  • Failure to follow our own process (e.g.

forget to mark)

  • Definition of “Subject Invention” includes first

reduction to practice

  • Subcontractors refuse to accept FAR/DFARS IP

flowdown clauses (give Prime authority to

negotiate with Sub?)

  • Multiple IP Regulations (DOD vs. Civilian

Agencies)

  • Negotiating custom IP rights with Contracting

Officers in mixed-funding situations (IP Guide

helps)

is there a need to price ip separately in a government contract
Is There a Need to Price IP Separately in a Government Contract?
  • Lockheed Martin typically does not price IP separately
  • In mixed funding situations we might negotiate non-standard rights at the same price
  • If US or Foreign Government

wants option for Competitive

Data Packages we will price

separately