Washington, D.C. Metro Area Law Firm Focuses on Intellectual Property Rights
Intellectual Property Attorneys Protect the Rights of Clients
Learn More About Government Contracts and Awards
A company’s intellectual property is many times its most valuable asset, and companies that are not cautious may unknowingly lose rights in their intellectual property when entering into a government contract.
What intellectual property rights are granted to the government will depend upon a variety of factors, including:
- Whether the item qualifies as a commercial item
- Whether the item was developed at government or private expense
- Which regulations apply to the procurement
- Whether the company complied with those regulations to limit the government’s rights to the intellectual property
Depending on the circumstances, the government’s rights to a company’s intellectual property will be subject to the company’s standard commercial license, Limited Rights (Restricted Rights for software), Government Purpose Rights, or Unlimited Rights.
Steps Companies Should Take to Protect Their Intellectual Property Rights
It is important that companies take ongoing steps to protect their intellectual property rights before entering into a contract with the government, including:
- Claim commercial item treatment, when applicable
- Develop items at private expense when they have commercial application and may result in a competitive advantage
- Properly mark all data and software with the appropriate protective legend before delivering to the government
- Provide written notice to the government of all items that will be delivered with less than Unlimited Rights, and obtain agreement from the government that such items may be delivered with less than Unlimited Rights
If you are acting as a subcontractor, make sure you understand what intellectual property rights the government requires in your item and that the prime contractor has adequately limited the government’s rights to the rights you granted.
Contact a Washington, D.C. Intellectual Property Rights Law Firm Today
If you need legal advice regarding intellectual property rights, contact the Whay Law Firm online or call (202) 448-9677 to schedule your initial consultation today.
