Intellectual Property Licensing

Funding agencies have taken a very narrow approach when interpreting the four categories listed above from 35 U.S.C. § 203. Accordingly, contractors should understand how march-in rights function in theory, but it is historically unlikely to assume an agency would exercise this power without further legislation. Ultimately, contractors should focus on furthering their research and ensuring proper disclosure practices to their funding agencies, as it is historically unlikely that a funding agency will exercise their march-in rights and compel contractors to license any of their subject inventions.

Under typical Phase 1 contracts with the Department of Defense (DoD), such as the Air Force Research Lab (AFRL), default ownership of domestic and international intellectual property rights belong to the Contractor. However, if the Contractor fails to report any inventions to the contracting officer within two months of preparing the corresponding patent applications, the Contractor risks losing ownership of those inventions.

The United States Patent Office has announced an expansion of the Collaborative Search Pilot Program beginning November 1, 2022. This announcement signals the beginning of phase three of the pilot program, which will last until 2024.

The United States Patent Office has announced an expansion of the Collaborative Search Pilot Program beginning November 1, 2022. This announcement signals the beginning of phase three of the pilot program, which will last until 2024.

The Korean Intellectual Property Office (KIPO) has introduced a series of important changes to the country’s patent examination process, aimed at accelerating approvals, extending patent terms, and updating trademark, design, and utility model legislation.