Whay Law Firm in D.C. Protects Contractors’ Intellectual Property
The government defines intellectual property as technical data, which is recorded information (databases and software documentation), and computer software, including computer programs, source code listings, design details, algorithms and related documentation that would provide sufficient information for the computer program to be re-created.
Federal government contracts are a profitable source of business for IT companies and private contractors. Although the federal governemtn contributes greatly to development and innovation in the technology industry, there are safety measures that contractors need to take in order to protect their property. Do not risk losing rights or diluting the value of your technical data. Contact Whay Law Firm in Washington, DC to assist you with drafting a legally binding document that details the government’s rights of use.
Government Contracts and Intellectual Property Ownership
Intellectual property, or IP, is a critical component of a government contractor’s value and like all company assets, must be carefully guarded. Similarly, for the Federal Government agencies, intellectual property is carefully protected, with each agency applying similar, but different rules. For either the contractor or the agency, the loss of rights to data can be devastating. It’s imperative that contractors selling goods or services under government contract understand and comply with rules around intellectual property ownership, use and markings. The Whay Law firm can assist you with its expertise in all government contract matters.
If a contractor’s intellectual property is purposed for a government contract, the details of the contract must define the government’s use rights. There are three types of use rights:
- Unlimited rights
- Limited or restricted rights
- Government Purpose rights
While the first two are self-explanatory, Government Purpose rights are typically defined for data that may be used by the government within government and by third parties within the government.
Markings define the rights that each user type has for each category of data. All material should be reviewed for possible marking before the contractor delivers to the government. Inaccurate marking can result in unintentionally granting the government unlimited rights. Insufficient understanding of the rules governing intellectual property can result in a loss of your intellectual property. Moreover, when the government is funding all or part of the development of intellectual property, the rules are especially complex.
Speak With Our Washington DC Government Contract Attorney
If you are considering submitting an offer for a contract involving intellectual property, consult with an attorney with extensive experience, first. The Whey Law firm has the knowledge and expertise to assist in protecting your company’s valuable intellectual property asset. Contact us at (202) 448-9677.
