Intellectual Property (IP) & Data Rights

​

Click the accordion menus below to access the content within. 🠗🠗

IP Document Library

Name	Summary Description	Reference Type
10 U.S. Code Section 2322, Management of Intellectual Property Matters Within the Department of Defense	Statutory provision establishing DoD's cadre of Intellectual Property experts.	Legislation
DoD Instruction 5010.44, Intellectual Property (IP) Acquisition and Licensing, Section 3	DoD Instruction 5010.44, Intellectual Property (IP) Acquisition and Licensing	Policy
DoD-IP-Cadre-Org-Charts-Contacts-and-DFARs-process_26mar20_letter-size	DoD IP Cadre Leadership Contacts and Organizational Charts	General
20200303_Section 801 Annual RTC on IP Evals for Acq Prgms_Rpt and Enclosures Only	Report to Congress on Pilot Program on Intellectual Property Evaluation for Acquisition Programs, Section 801 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), February 2022	Legislation
20201101_Section 801 Annual RTC on IP Evals for Acq Prgrms_Report and Enclosures Only	Pilot program on IP Evaluation for Acquisition Programs Report for Fiscal Year 2022 Pursuant to the Section 801 of the National Defense Authorization Act for Year 2022 (Public Law 116-92), November 2022	Legislation
Lord-IP-Policy-IP-Cadre-Sec-838-FY20-NDAA_Report-to Congress May 2020	This report on DoD's IP efforts fulfills the requirement set forth in section 838 of National Defense Authorization Act (NDAA) for Fiscal Year 2020 (FY2020)(Public Law 116-92). More specifically, section 838 requires the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment (USD(A&S)), to submit to the congressional defense committees a report that includes- The policy required in subsection (a) of section 2322 of title 10, United States Code (U.S.C.); An identification of each member of the cadre of intellectual property experts required in IO U.S.C § 2322 (b) and the office to which sub member belongs;  A description of the leadership structure and the office that will manage the cadre of intellectual property experts; and A description of the specific activities performed, and programs and efforts supported, by the cadre of intellectual property experts during the 12-month period preceding the date of the report.	Policy
Sec 801 Initial Report_FINAL with enclosures, LTC	This report fulfills the requirements set forth in section 801 of the National Defense Authorization Act for 202, which authorizes a multiyear program to assess mechanism to evaluate intellectual property, including commercially available intellectual Property valuation techniques, in Department of Defense acquisition programs (March 2021)	Legislation

OSD & Services IP Cadre POCs

DoD Intellectual Property Cadre Leadership

Role	Name	Title	Department	Email	Telephone
Office of the Under Secretary of Defense (A&S) – OSD IP Cadre
Lead	Mr. Richard Gray	Director, IP Cadre	OUSD (A&S)/Acquisition/ Acquisition Data & Analytics (ADA)/IP Cadre	[email protected]	(W) 703-692-0721 (TW) 703-965-8812
	Ms. Azza Jayaprakash	Counsel & Lead for Law, Regulations, and Policy	OUSD (A&S)/A/ADA/IP Cadre	[email protected]	(W) 571-372-2434 (TW) 202-967-5528
	Ms. Joanne Herring	Lead, Program Management and Implementation	OUSD (A&S)/A/ADA/IP Cadre	[email protected]	(TW) 571-309-1238
	Mr. George Winborne	Lead, Communications, Knowledge and Performance Management	OUSD (A&S)/A/ADA/IP Cadre	[email protected]	(TW) 202-815-3995
	Ms. Rosemary Solomon	Lead, Sustainment & Technical Data Management	OUSD (A&S)/A/ADA/IP Cadre	[email protected]	(W) 571-372-8892 (TW) 571-422-1061
Department of the Army
Lead	Ms. Glenna Downes	IP Specialist	HQDA Asst Secretary of the Army, Acquisition, Logistics, and Technology (ASA ALT)	[email protected] or [email protected]	(W) 703-697-0569 (C) 410-207-4407
Alternate	Ms. Heather Shirey	Director, Acquisition Initiatives	HQDA ASA ALT	[email protected] or [email protected]	(W) 703-545-8197
Department of the Navy
Lead	Ms. Meghan Wagner	Data and Engineering Director, DASN	Assistant Secretary of the Navy, Research Development and Acquisition (RD&A)/DASN Sustainment	[email protected]	(W) 703-692-6335
Alternate	Ms. Nicole Best	Deputy Counsel, Assistant Secretary of the Navy (RD&A)	Assistant Secretary of the Navy, RD&A	[email protected]	(W) 703-697-1642
Department of the Air Force
Lead	Ms. Angayurkanni (Kanna) Annamalai-Brown	Chief of the Air Force IP Cadre	U.S. Air Force, SAF-AQ	[email protected]	(W) 571-256-2367
Alternate	Mr. Matthew Bailey	Director of Intellectual Property	U.S. Air Force, SAF-GC	[email protected]	(W) 703-614-8358

Related Websites

• IP Cadre Website, Office of the Assistant Secretary of Defense, Acquisition - https://www.acq.osd.mil/asda/ae/ada/ip-cadre.html

   

 

TBD

Accordion 1

• tbd

Federal Laboratory Consortium (FLC) 

 https://federallabs.org/

 

This page includes IP and Data Rights basics and links to DAU online learning modules and other courses addressing these. You can also locate professors at DAU campuses who teach IP and Data Rights.

Education and Training

TBD

IPDR FAQs

What are data rights? What's the difference between IP and data rights? Are there standard data rights clauses that should be included in contract documents? 

Click on the accordions below for answers to these and other basic questions related to IP and Data Rights.

What are Data Rights?

Data rights refer to the Government's nonexclusive license rights in two categories of valuable intellectual property, technical data (TD) and computer software, delivered by contractors under civilian agency and DoD contracts. The Federal Acquisition Regulations (FAR) prescribe policies, procedures, and clauses pertaining to data rights for civilian agencies and the Defense Federal Acquisition Regulations (DFARs) for DoD.

Technical data includes any recorded information of a scientific or technical nature (e.g., product design or maintenance data, computer databases, and computer software documentation). Computer software includes executable code, source code, code listings, design details, processes, flow charts, and related material that would enable the software to be reproduced, recreated or recompiled, but excludes computer databases or computer software documentation.

If the Government acquires a data rights license, who owns the copyright in technical data and computer software?

Contractors generally retain copyright ownership of the noncommercial technical data and noncommercial computer software that they develop and deliver under DoD contracts, although they may agree under terms negotiated by the parties to assign the copyright to the Government.

What license rights does the Government obtain in technical data and computer software developed under a government contract?

The scope of the agency's licensing rights generally depends upon the source of the funding (i.e., government, mixed, or private), the nature of the data (commercial or noncommercial) and any negotiated terms of the contract.

If the Government exclusively funds the project, the agency generally obtains an unlimited rights license in noncommercial technical data, noncommercial computer software, and noncommercial computer software documentation. The Government automatically acquires unlimited rights in certain categories of technical data including: (1) data pertaining to an item, component, or process (ICP) developed exclusively with Government funds; (2) form, fit, and function data; and (3) corrections or changes to technical data furnished to the Contractor by the Government.

If the Government and the contractor both fund the project, and the contractor delivers proprietary technical data or computer software, the agency may acquire a Government purpose rights license.

If the project is exclusively funded by the contractor, the agency usually acquires a restricted rights license in noncommercial computer software and a limited rights license in noncommercial technical data.

All deliverables should be examined prior to acceptance to determine whether they include any restrictive markings limiting the Government's licensing rights under the DFARS.

What is the scope of these licensing rights?

An unlimited rights license means that the Government can use, modify, reproduce, release, or disclose technical data or computer software in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so.

A Government Purpose rights license means the rights to use, modify, reproduce, release, or disclose the technical data or computer software within the Government without restriction and outside the Government for a Government purpose – "any activity in which the United States Government is a party, including cooperative agreements with international or multi-national defense organizations or sales or transfers by the United States Government to foreign governments or international organizations. Government purposes include competitive procurement, but do not include use for commercial purposes."

A Government purpose license remains in effect for 5 years unless the parties negotiate a different period. Upon expiration of the five-year term or other negotiated period, the Government shall have an unlimited rights license in the noncommercial technical data or noncommercial computer software.

Restricted rights applies to only noncommercial computer software and means the Government's rights to use a computer program with one computer at one time; transfer a computer program to another Government agency without permission of the Contractor if the transferor destroys all copies of the program and related computer documentation; make the minimum number of copies of computer software required for safekeeping (archive), backup or modification purposes; modify computer software; and permit contractors or subcontractors performing services in support of a contract to use computer software for correcting deficiencies.

Limited rights means the rights to use, modify, reproduce, release, perform. [unfinished?]

What are some of the relevant DFARS provisions governing data rights?

Subparts 227.71 (Rights in Technical Data) and 227.72 (Rights in Computer Software and Computer Software Documentation) prescribe policies and procedures for the acquisition of technical data and computer software and computer software documentation and rights for the Government to use, modify, reproduce, release, perform, display, or disclose the technical data and computer software and computer software documentation.

What are the relevant data rights clauses to include in solicitations and government contracts to ensure that the agency obtains the appropriate licensing rights?

The following chart summarizes the appropriate DFARS clauses to include in solicitations and contracts for the acquisition of technical data, computer software and computer software documentation. However, the circumstances of each acquisition may vary. THEREFORE, LEGAL COUNSEL SHOULD ALWAYS BE CONSULTED ON THE APPROPRIATE DFARS CLAUSES TO INCLUDE IN THE CONTRACT.

FAR/DFARS PATENT, TECHNICAL DATA, AND COMPUTER SOFTWARE CLAUSES TD = Technical Data | CS = Computer Software | ICP = Item, Component, or process | CSD = Computer Software Documentation
When to Incorporate Clauses/Provisions 252.227	7013	7014	7015	7016	7017	7019	7028	7030	7037
Mandatory if TD for noncommercial ICP is to be delivered	X			X	X		X	X	X
Mandatory if noncommercial CS is to be delivered		X		X	X	X	X
Mandatory if TD for commercial items is to be delivered			X						X
Strongly recommended in all solicitations	X	X	X	X	X	X	X	X	X
Strongly recommended in all contracts	X	X	X	X		X		X	X
SPECIFIC CLAUSES & THEIR USE (See DFARS for Titles): 252.227-7018: All SBIR contracts. (Do not use -7013 or -7014.) 252.227-7025: All if access to less than unlimited rights TD/CS is anticipated. Strongly recommended in all contracts. 252.227-7026: Voluntary clause used only to specifically identify at award TD & CS which may be ordered later. 252.227-7027: Voluntary clause used to order additional deliverables for TD & CS “generated” during performance of the instant contract. Strongly recommended in all solicitations and contracts. 52.227-1: All contracts and solicitations with limited exceptions. 52.227-2: All contracts and solicitations with limited exceptions. 52.227-3: Limited mandatory use in sealed bidding for “commercial” supplies/services & construction with many prohibitions on use. 52.227-10: All which might result in a classified invention/patent. 52.227-11: All R&D [DOD uses this clause with small business or nonprofit]. 252.227-7038: All R&D except when 52.227-11 used. 252.227-7039: All if 52.227-11 is used. 252.246-7001: Strongly urged whenever any technical data or software will be delivered under the contract. Using the clause avoids acceptance being “final” with respect to nonconforming markings. Review 246.708 and 246.710 for applicability.

Is it possible for the Government and the contractor to modify the standard licensing rights granted to the Government?

Yes, the parties can modify the standard license rights granted to the Government or obtain rights under circumstances where the Government would ordinarily not be entitled to specific rights. Noncommercial technical data or computer software marked with Specifically Negotiated Licensing Rights. [incomplete sentence?]

Are there broad principles to consider when acquiring licensing rights?

Yes, the following core principles govern the acquisition of IP:

• Integrate IP considerations fully into acquisition strategies for advanced technologies in order to protect core DoD interests.
• Respect and protect privately developed IP.
• Resolve issues prior to award by clearly identifying and distinguishing the IP deliverables from the license rights in those deliverables.
• Negotiate specialized IP provisions whenever the customary deliverables or standard license rights do not adequately balance the interests of the contractor and the Government.
• Seek flexible and creative solutions to IP issues, focusing on acquiring only those deliverables and license rights necessary to accomplish the acquisition strategy.

Are there steps that program managers and contracting officers should take when drafting and negotiating contracts to identify and resolve data and data rights issues prior to contract award?

Yes, they include:

• Require Offerors to assert all restrictions on deliverable technical data and computer software (both commercial and noncommercial) up front, in their proposals.
• Evaluate the data and data rights packages being offered.
• Negotiate for mutually agreeable specialized license rights whenever the standard license categories do not meet both parties’ needs.
• Challenge asserted restrictions if necessary to account for Government investments.
• Spell out the allocation of data rights during all stages of procurement from solicitation to award, to delivery through Broad Agency Announcement (BAA), Request for Proposals (RFP), Statement of Work (SOW), and Contract Data Requirements List (CDRL).
• Incorporate the appropriate data rights clauses in the contract.
• Specify content, recording/storage format, delivery medium, markings (classification, distribution statements, legends, warnings), primary distribution, recording/storage format (paper, digital, application, PDF) and delivery schedule in the SOW”, CDRL and “Solicitation, Offer and Award.
• Review all deliverables prior to acceptance to determine whether they include restrictive and nonconforming markings or other limitations limiting the agency’s data rights license. Deliverables containing unacceptable restrictive markings should not be accepted and legal counsel should be consulted for advice.

Does the receipt of confidential and proprietary information present problems for program managers and contracting officers during the acquisition process?

Yes, a contractor may disclose confidential business information, including trade secrets, to the Government in providing services and goods under an acquisition contract. A trade secret is a “formula, practice, process, design, instrument, pattern or compilation of information” not generally known, which may provide a company with a competitive advantage.

If the contractor marks information that it provides to the Government with restrictive markings or proprietary, then disclosure by a government employee could result in a violation of 18 USC 1905, punishable by imprisonment, a fine, and termination of employment.

This section includes the latest reports, white papers and articles on Intellectual Property (IP) and Data Rights topics to keep you abreast of the latest news in this evolving area.

IPDR Video Playlist

Direct link: http://www.kaltura.com/tiny/clzsk

For best viewing, click the "full page" icon at the bottom right of the video player. If the icon is not immediately available, click the Play button and it should then appear.

This page includes templates other documents and best practice guidance submitted by DoD Component agencies useful in the drafting, negotiation and acquisition of IP technologies. The page also includes videos, documents and other content reflecting industry's perspective on IP and Data Rights and industry and government's collaboration on these topics.

accordion 1

tbd

This section provides documents, websites and other content addressing the following emerging and other technology and licensing topics: Additive Manufacturing (3D printing), Artificial Intelligence (AI), Cybersecurity, Cloud Computing, Modular Open Systems Approaches (MOSA), Software (including Open Source Software) and Supply Chain.

Click the accordion menus below to access the content within. 🠗🠗

Presentations

Name	Summary Description	Reference Type
DAU OT Workshop	DAU OT Workshop Presentation Slides	General
Video-Intellectual Property and Data Rights Overview	What is intellectual property? What are data rights? Why is it important to the US Government? Why do you need to know about it? Basic answers to these questions can be found by watching a new video created by DAU, "Intellectual Property and Data Rights." The video provides a quick overview of Intellectual Property (IP) and Data Rights and why the DoD needs to focus on this issue when acquiring or modifying a weapons system.  View the video to get a fast and easy introductory insight into the topic prior to enrolling in DAU online courses such as CLE 068, or before engaging in the topic in PMT 401 or 402. Also, use it as a quick "refresher" at any time.	General

References

Name	Summary Description	Reference Type
Achieving Efficiency, Transparency, and Innovation through Reusable and Open Source Software	This policy also establishes a pilot program that requires agencies, when commissioning new custom software, to release at least 20 percent of new custom-developed code as Open Source Software (OSS) for three years, and collect additional data concerning new custom software to inform metrics to gauge the performance of this pilot	General
DoDI500093. Use of Additive Manufacturing in the DoD	DoDI50093. Use of Additive Manufacturing in the DoD	Policy
FAQ on Open Source Software	CENDI, interagency Copyright Working Group, FAQ on Open Source Software	General
U.S. Government's policy on Open Source Software	U.S. Government's policy on Open Source Software issues in August, 2016	General

Reports

Name	Summary Description	Reference Type
DoD Cloud Strategy	DoD Cloud Strategy	General
wipi_ip_ai_2_ge_20_1_rev (1)	World Intellectual Property White Paper on IP and Artificial Intelligence (AI)	General

Training

Name	Summary Description	Reference Type
CLE 019 Modular Open Systems Approach	This course will describe the Modular Open Systems Approach (MOSA) principles from a business and a technical perspective. It will also describe the importance of MOSA for IP, Data and Data Rights	Emerging Technologies

Courses with Emerging Technology Content

Name	Summary Description	Reference Type
CLE 074 Cybersecurity Throughout DoD Acquisition	This course provides foundational understanding of basic principles of cybersecurity and cybersecurity risk management in the defense acquisition field.	Emerging Technology
CLE 075 Introduction to DoD Cloud Computing	This continuous learning module will explain what cloud computing is and how cloud services work so that you can recognize the benefits and risks to the DoD and your Component.	Emerging Technologies
CLE 076 Introduction to Agile Software Acquisition	This course will assist those considering implementing an agile approach or those joining an existing agile approach in understanding the concept in the Department of Defense Acquisition Context.	Emerging Technology
CLE 078 Software Acquisition for the Program Office Workforce	This course will explain program management challenges which are unique to software reliant programs. This online training discusses developing and managing requirements, constructing acquisition strategies, funding, contracting considerations and etc.	Emerging Technology
CLE 080 Supply Chain Risk Management for Information and Communications Technology (ICT)	This course provides defense acquisition personnel with a foundation for understanding the basic aspects of Supply Chain Risk Management (SCRM) for ICT.	Emerging Technology
ISA 101, Basic Information Systems Acquisitions	This course covers introductory-level concepts in DoD information systems, defense business systems and software acquisition management. Key areas covered include DoD regulatory and technical frameworks, enterprise architecture, risk issue and opportunity.	Emerging Technology
ISA 201 Intermediate Information Systems Acquisition	ISA 201 Intermediate Information Systems Acquisition	Cloud Computing, Cybersecurity, Emerging Technology, Software
ISA 220 Risk Management Framework (RMF) for the Practitioner	ISA 220 Risk Management Framework (RMF) for the Practitioner	Emerging Technology
ISA 301 Advanced Enterprise Information Systems Acquisition	ISA 301 Advanced Enterprise Information Systems Acquisition	Emerging Technology

Emerging Technology Related Websites

• Adaptive Acquisition Framework
• Additive Manufacturing (3D Printing) Community of Practice
• Additive Manufacturing in Defense: Implications of New DoD Policy
• Additive Manufacturing in Defense: Implications of New DoD Policy
• Additive Manufacturing in Defense: Implications of New DoD Policy
• Additive Manufacturing Videos
• DAU Hot Topic Forum discussing legal, data security, intellectual property and other issues in acquisition of cloud computing technologies
• Defense Information Systems Agency Cloud Computing Services
• DISA Milcloud Contract Documents
• DoD Code.mil
• DoD Open Source Software Guidance
• Federal Agencies - code.gov
• Information Technology/Software Community of Practice
• Let's Be Modular & Open - Airworthiness
• Let's Be Modular & Open Webinar - The Partnership of MOSA and IP Rights, Now and in the Future

This page includes media and links to Intellectual Property (IP) & Data Rights legislation, Defense Federal Acquisition Regulations (DFARs), rulemakings and policy documents from OSD and DoD Components and the Services and Court Cases/Judicial Decisions.

Click the accordion menus below to access the content within. 🠗🠗

Court Cases/Judicial Decisions

Name	Summary Description
Appeals of The Boeing Company, ASBCA Nos. 61387, 61388 (November 28, 2018)	Boeing summary judgement filing; Air Force contracts allow it to place certain marking legends.
Raytheon v. U.S., No. 19-883C, US Court of Federal Claims (January 14, 2020)	Raytheon v. U.S. - vendor list and legends
The Boeing Company v. Secretary of the Air Force, Appeal from the ASBCA Appeals in Nos. 61387 (December 20, 2019)	Boeing Appeal AF Unlimited Rights dual use markings

Legislation

Name	Summary Description
10 U.S. Code Section 2322, Management of Intellectual Property Matters Within the Department of Defense	Statutory provision establishing DoD's cadre of Intellectual Property experts.
10 U.S.C § 2320 Rights in technical data	§2320. Rights in technical data (a)(1) The secretary of Defense shall prescribe regulations to define the legitimate interest of the United States and of a contractor or subcontractor in technical data pertaining to an item or process. Such regulations shall be included in regulations of the Department of Defense prescribed as part of the Federal Acquisition Regulation... Text contains those laws in effect on November 13, 2019 Click on title to read the full text...
2016 NDAA IP and Data Rights provisions	2016 NDAA IP and Data Rights provisions
2017 NDAA IP and Data Rights provisions	2017 NDAA IP and Data Rights provisions
2018 NDAA IP and Data Rights provisions	2018 NDAA IP and Data Rights provisions
2019 NDAA IP and Data Rights provisions	2019 NDAA IP and Data Rights provisions
2020 NDAA IP and Data Rights provisions	2020 NDAA IP and Data Rights provisions
2022 NDAA IP and Data Rights provisions	2022 NDAA IP and Data Rights provisions
20220303_Section 801 Annual RTC on IP Evals for Acq Prgms_Rpt and Enclosures Only	Report to Congress on Pilot Program on Intellectual Property Evaluation for Acquisition Programs, Section 801 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), February 2022
20221101_Section 801 Annual RTC on IP Evals for Acq Prgrms_Report and Enclosures Only	Pilot program on IP Evaluation for Acquisition Programs Report for Fiscal Year 2022 Pursuant to the Section 801 of the National Defense Authorization Act for Year 2022 (Public Law 116-92), November 2022
CRS.UnderstandingFederalLegislation	Congressional Research Service, Understanding Federal Legislation: A Section-by-Section Guide to Key Legal Considerations
IP Workshop Flyer	Flyer announcing availability of IP Strategy Workshop
Sec 801 Initial Report_FINAL with enclosures, LTC	This report fulfills the requirements set forth in section 801 of the National Defense Authorization Act for 202, which authorizes a multiyear program to assess mechanism to evaluate intellectual property, including commercially available Intellectual Property valuation techniques, in Department of Defense acquisition programs. (March 2021)

Policy 

Name	Summary Description
20200506_USA002896-19_USDAS-Lord_IP-Policy-IP-Cadre-Sec-838-FY20-NDAA_Report-only	Report to Congress on IP Policy and IP Cadre of Experts for FY2020
501044p.DoDIPpolicy	DoD 5010.44 establishes policy, assigns responsibilities and prescribes procedures for the acquisition and licensing of data rights data rights pursuant to Section 2322(a) of Title 10, United States Code.
Air Force Data Rights Guidebook (1) (003)	Air Force Data Rights Guidebook
Army Directive 2018-26 Implementation Guidance (003)	Army Directive 2018-26 Implementation Guidance (003)
Army IP Policy (Army Directive 2018-26 Enabling Modernization Through the Management of IP -- Change 1, 17 Dec 2020	This change 1 to Implementation Guidance for Army Directive 2018-26 is a revised guidance document based on evolving regulation and policy, feedback from Army stakeholders and industry partners, and best practices gleaned from the field.
DoD Instruction 5000.83, Technology and Program Protection to Maintain Technological Advantage	DoD Instruction 5000.83, Technology and Program Protection to Maintain Technological Advantage
DoD Instruction 5010.44, Intellectual Property (IP) Acquisition and Licensing, Section 3	DoD Instruction 5010.44, Intellectual Property (IP) Acquisition and Licensing
DoDI500093. Use of Additive Manufacturing in the DoD	DoDI500093. Use of Additive Manufacturing in the DoD
DODInstruction 5010.44.IntellectualProperty (IP) Acquisition and Licensing	DoD Instruction 5010.44 Intellectual Property (IP) Acquisition and Licensing Rapid Deployment Training (RDT)
gao-22-104752_IP and IP cadre	GAO's Report to Congressional Committees, GAO-22-104752, November 2021
Lord_IP-Policy-IP-Cadre-Sec-838-FY20-NDAA_Report-to Congress May 2020	This report on DoD's IP efforts fulfills the requirement set forth in section 838 of National Defense Authorization Act (NDAA) for Fiscal Year 2020 (FY20) (Public Law 116-92).  More specifically, section 838 requires the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment (USD(A&S)), to submit to the congressional defense committees a report that includes- (1) The policy required in subsection (a) of section 2322 of title 10, United States Code (U.S.C.); (2) An identification of each member of the cadre of intellectual property experts required in IO U.S.C. § 2322(b) and the office to which such member belongs; (3) A description of the leadership structure and the office that will manage the cadre of intellectual property experts; and (4) A description of the specific activities performed, and programs and efforts supported, by the cadre of intellectual property experts during the 12-month period preceding the date of the report.
Section 813 Report	Section 813 Report
Technical Data and Computer Software Rights Handbook 9th Edition	This Handbook provides a practical "cradle-to-grave" approach to acquiring IP rights in technical data and computer software. It is an extended treatment of that subject which is briefly discussed in Government Contract Law for Engineers (September 2004) issued by SMC/JA.
AAF Webinar - DoDI 5010.44 Intellectual Property (IP) Acquisition and Licensing	Data Rights, Intellectual Property
Additive Manufacturing in Defense: Implications of New DoD Policy	Additive Manufacturing (AM) (3-D Printing)
Additive Manufacturing in Defense: Implications of New DoD Policy	Additive Manufacturing (AM) (3-D Printing)
DAU Webcast - Adaptive Acquisition Framework, DoDI 5000.82, Acquisition of Information Technology	Intellectual Property
Presidential Memo on United States Government - Supported Research and Development National Security Policy	Intellectual Property
Presidential Memo on United States Government-Supported Research and Development National Security Policy, 1/14/21	Intellectual Property
Summary of DoD AIA Strategy	Artificial Intelligence (AI), Emerging Technologies
The Cybersecurity Maturity Model Certification - Request for Information/Proposal (RFI/RFP) Contract Strategy Considerations to Implement the CMC	Cybersecurity

Regulation

Name	Summary Description
Class Deviation-Protection of Technical Data and Computer Software under SBIR Program Contracts	This class deviation implements the Small Business Administration's Policy Directive published in the Federal Register on April 2, 2019 (84 FR 12794). The Policy Directive extends the period of time during which the Government must protect technical data and computer software developed or generated under SBIR contracts against unauthorized use and disclosure. This protection period begins at contract aware and ends 20 years after contract award. The Policy Directive also provides for the Government to use, and to authorize others to use on its behalf, the data for Government purposes.
Overview TD_CS Table_portrait_06.June2022	Tables describing data rights (e.g. unlimited, GPR, limited, SNLR), types of data, criteria for applying, permitted uses and listing the data rights clauses and a brief summary.

Regulation (DFARs)

Name

DFAR Cases

DFAR Regulations

DFAR Publication Notices

DFARs rules, technical amendments and PGI changes, Federal Register Notices

Open and Closed DFARS cases

DFARS rules

[image?]

Text TBD

include link to Technical Data Management Tool

Related Websites

TBD