Government Contract Intellectual Property Institute

Complete Seminar Details

Daily Schedule

9:00a.m.-4:00p.m.

CLE Hours

This Course is Eligible for

11.0(60 minute)

13.2(50 minute)

CPE Hours

This Course is Eligible for

13.0(CPE) hours of credit.

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live

Maximizing & Preserving the Value of your Intellectual Property

• Basic Intellectual Property Assets
• Commercialization of Government-Owned Technologies
• Cooperative Agreements, CRADA's and Other Transactions
• Rights in Technical Data and Computer Software

We live in a global, knowledge-driven economy where our ideas, knowledge, thoughts, creativity, and innovation provide us with competitive advantages in the marketplace. Our intellectual property (IP) assets (what we know, what we've learned, what we've created, and how we apply our expertise) distinguish us and our products, services and processes. Our IP assets are valuable and we must protect them.

The purpose of this course is to examine IP rights under government contracts and issues facing Government Contractors and Government Agencies, focusing on the identification of IP assets and the preservation and assertion of one's rights in those assets.

The course starts with an overview of basic patent, copyright, trademark, and trade secret issues and their implications in Government Contracting. It then covers technical data rights and computer software issues; Cooperative agreements, CRADAs, and other transactions; technology transfer and the commercialization of government-owned technologies; and emerging issues in the Government Contracts/IP environment.

The course will be presented by an exceptional course faculty. They are experienced practitioners in both commercial methods of intellectual property protection and the unique issues arising in the Government Contracting environment. As outsourcing and commercialization blur the traditional distinctions between public and private enterprise and entrepreneurship, safeguarding IP assets is critically important to both contractors and the Government.

Although we do not presume to have all of the answers in this complex arena, we do intend to provide you with insight, guidance and resources to assist you to maximize and protect the value of your IP assets.

The Course Curriculum

Overview & Update

Defining Rights In Intellectual Property Under Government Procurement Contracts

• Patent Rights
• Principles of Patent Law
• Types of Patents
• Bayh-Dole Act and Implementing Executive Orders
• Background Inventions
• Subject Inventions
• Copyrights
• Principles of Copyright Law
• Government Works
• Exclusive Rights vs. Limitation on Rights
• Copyrights Under Government Contracts
• Trademarks
• Principles of Trademark Law
• Recent Developments in Trademarking Government Terms and Nomenclatures
• Considerations Arising From E-Commerce
• Trade Secrets
• Principles of Trade Secrets
• The Trade Secrets and Economic Espionage Acts
• Teaming and Nondisclosure Agreements

Rights in Technical Data and Computer Software Under Government Procurement Contracts

• Technical Data and Computer Software Defined
• Regulatory Revisions and Frameworks
• Unlimited Rights
• Limited Rights in Technical Data
• Restricted Rights in Computer Software
• Government Purpose License Rights and Government Purpose Rights
• Non-Standard Rights
• Copyrights

Protecting Your Investment - Software Escrow

• Definition and Types of Software Escrow Agreements
• Benefits and Concerns
• Government Agency
• Prime Contractor
• Developer/Licensor
• Aspects of Software Escrow Agreements
• Deposit Materials List
• Release Criteria
• Technical Verification
• Common Pitfalls

Intellectual Property Rights Under Non-Traditional Instruments (Cooperative Agreements, CRADAs, and Other Transactions)

• Definitions and Uses
• Negotiation of Intellectual Property Rights
• Specific Statutory Requirements
• Agency Policies and "Going-in" Positions
• Marketing Considerations

Enforcing Intellectual Property Rights Under Government Contracts

• Claims Against the United States Government for Infringement or Misappropriation of Intellectual Property
• Authorization and Consent
• March-In Rights

Maximizing and Preserving the Value of Intellectual Property in Government Contracts, Cooperative Agreements, Other Transactions and Other Non-Traditional Instruments

• Developing a Strategic Intellectual Property Plan
• IP Audits
• Conducting a Self-Audit
• Evaluating Your Own Processes

Emerging Intellectual Property Issues

• Homeland Security
• Open Source Software
• Current Regulatory Developments

Sponsor Background: