Clear and precise recognition and treatment of intellectual property (IP) are critical in government contracting because the ownership and use of preexisting IP, so-called “Background IP,” turn on the timing of, and funding sources for, the development of the IP. Therefore, internal documentation and standardized procedures for tracking and marking IP are crucial in the event of a dispute regarding the development, use, or ownership of IP before, during, and after performance on a government contract.
Continue Reading Don’t Put Your Background IP into It: Protecting What’s YoursMarch-In Rights
NIST on Track to Clarify Bayh-Dole to Ensure High Prices Cannot Be Used as Grounds for Exercising March-in Rights – Or Is It?
By Dan Kelly on
Posted in Uncategorized
On January 4, 2021, the National Institute of Standards and Technology (NIST) published proposed rules for comment changing regulations promulgated under the Bayh-Dole Act (35 U.S.C. §§ 200-204), which allow businesses and nonprofit institutions, in most circumstances, to take title to inventions made under federally funded projects (subject inventions) and to freely commercialize items, and methods used to produce items, embodying subject inventions.
Continue Reading NIST on Track to Clarify Bayh-Dole to Ensure High Prices Cannot Be Used as Grounds for Exercising March-in Rights – Or Is It?
