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.
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.
Chinese Utility models can provide an alternative to invention patents and supplement them too.
The notice provides ample guidance for all parties under the duty to disclose, including whom the duty of disclosure applies to and the equivalence of the duty of disclosure to the Patent Office to all other branches of government and commercial actions.
Freedom to Operate Search (FTO) What is a freedom to operate search and opinion? A freedom to operate (FTO) study is usually performed on a finalized product design before its release in order to determine if the product, or any of its components, would infringe on any enforceable patents. Even if the product being studied…
China Embraces Two WIPO Treaties, Expanding its Presence in the Global IP Ecosystem China has joined two treaties recently: the World Intellectual Property Organization’s (“WIPO”) Hague System and Marrakesh Treaty, which is a significant step forward for the worldwide intellectual property ecosystem. The Hague System WIPO’s Hague System is an international treaty that allows for…
Patent Rights: Assignors Transferring Rights and Infringing on Assigned Patents In June 2021’s Minerva Surgical Inc. v Hologic case, the US Supreme Court (“SCOTUS”) ruled that assignor estoppel is limited and may allow a previous assignor, under specific circumstances, to challenge the validity of patents they have subsequently reassigned. This article will explore the SCOTUS…
Founders Legal®, a boutique Corporate & Intellectual Property law firm, has teamed up with the PQAI℠ initiative to launch a free patent search tool. This tool is both powerful and precise, making it an effective resource for individual inventors, entrepreneurs, and small to medium-sized businesses.” — Yuri Eliezer ATLANTA, GEROGIA, UNITED STATES, December 16,…
Artificial Intelligence (AI) technology scales globally, driving innovation and adding trillions of dollars to the world economy.
In recent years, developers and innovators have delivered powerful advancements in highly efficient and effective AI technologies. These technologies are now capable of transforming businesses and organizations, automating and optimizing tasks and processes across all sectors, organizing and analyzing vast amounts of data, and formulating and developing groundbreaking discoveries.
Many software and product companies, whether through licensing or commercialization of intellectual property products and services, are being built predominantly upon their intellectual property. Moreover, intellectual property plays a fundamental role in companies’ investment decisions. Intellectual property can be used as collateral to obtain financing, for valuation purposes in an equity offering, and can be the impetus for a merger or acquisition.
End of content
End of content
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.
If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.
