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Intellectual Property (IP) & Data Rights

The Intellectual Property and Data Rights (IDPR) Community serves as a centralized location for laws, regulations, judicial opinions, DoD policies, news, announcements, and DAU courses on intellectual property (IP) and data rights topics, including the intersection of IP and emerging and other technology and licensing approaches, such as open source software, Modular Open Systems Approaches, Cloud Computing, and Additive Manufacturing (3D Printing). This one-stop shop for all things IP and Data Rights also includes links to federal agencies that administer IP laws and serves as a useful tool for the Acquisition workforce as they consider IP and Data Rights and create an IP strategy as part of the program's acquisition strategy, which considers licensing and data rights throughout all phases of the contracting process (i.e., program development, contracting, product delivery, and maintenance and data management).

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Community Contacts

Vicki Allums - Community Owner
Mark Dvorscak - Community Leader

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Intellectual Property (IP) and Data Rights News, Articles and Events
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Information and Events

 

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.

 

Emerging Technology
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Emerging Technology

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.

 

 

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

Intellectual Property (IP) Cadre

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IP Document Library

Contribution Type: Reference (3)

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

Contribution Type: Report (5)

Name Summary Description Reference Type
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 Policy
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-

(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 sub 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 preceeding 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

 

Related Websites
URL IP-DR Topic Area
IP Cadre Website, Office of the Assistant Secretary of Defense, Acquisition Intellectual Property Cadre
IPDR Legislation, Regulation and Policy
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Iconograpohy of man in front of legal scale

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.

 

 

 

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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

Discussions / Intellectual Property (IP) & Data Rights

Reverse Engineering
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QUESTION SCENARIO
QUESTION

​Hello,

I am wondering what training or guidance you would recommend for government personnel that perform Reverse Engineering to develop government owned technical data for items that are non-procurable or overpriced? This seems to fall within the DFARs provision associated with procurement when data is not available. 


Thank you

SCENARIO
Procurement when government does have data rights
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QUESTION SCENARIO
QUESTION

​Hello,
I am wondering what (FAR/DFAR/DoD) provisions there are on sharing available unlimited rights technical data with interested suppliers? I have found DoDD 5230.25 but it is dated and not well followed. I am getting replies from the personnel responsible for the management of the data telling me that they will not share the data so long as the item is procurable from the OEM. This is causing issues with lack of competition, decreasing supply base, and increasing costs . 


"Return to DLA. This 339 should not have been created. QAP and CDRL are not required at this time. There is already a source of supply.  DLA has a procurement path forward. DLA does not indicate that the source was contacted and is/is not responsive. The PBA with the NAVY does not require a TDP request in this situation. Drawings are not required if the sources are RNCC/RNVC 3/2 and are responsive--the source designed the part." This is after being told that a unlimited rights TDP exists for this item in another 339 response.



SCENARIO

Events / Intellectual Property (IP) & Data Rights

No content available.

Announcements / Intellectual Property (IP) & Data Rights

Community Announcement / Intellectual Property (IP) & Data Rights
DAU Releases IP Resource Card
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​DAU has released two versions of a comprehensive resource card for the DoD acquisition workforce describing a wealth of educational resources (e.g. videos, online courses, policies, tools) on Intellectual Property (IP) and Data Rights. 

The two versions include a printed card, which can be downloaded, and an interactive web version with links to the specific resource and can be found on the IP Community's IP and Data Rights web page.

Community Announcement / Intellectual Property (IP) & Data Rights
SBIR Data Rights Webinar
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​In this webinar, hosted on 6/14 from 1:00-2:30 PM EST, one will learn about the ins and outs of Small Business Innovation Research (SBIR) Data Rights from both a legal and contracting standpoint so that Small Business Concerns (SBCs) have a better understanding of the rights afforded to them. SBIR Data protection is one of the most unique and important protections accorded SBIR and Small Business Technology Transfer (STTR) firms. These protections apply to all phases of the SBIR and STTR programs. The Government receives a limited nonexclusive license, or right to use, SBIR Data, but such use cannot include disclosing it in any way. This nondisclosure obligation is accompanied by a Data Rights protection period.

Community Announcement / Intellectual Property (IP) & Data Rights
Let's Be Modular and Open Webinar – The Partnership of MOSA and IP Rights, Now and in the Future
View Announcement


MOSA (Modular Open System Approach) is an integrated business and technical strategy employing a modular design to achieve competitive and affordable acquisition and sustainment.

This month's speakers (Richard Gray and George Winborne from the OSD IP Cadre) will provide highlights of the forthcoming DoD Intellectual Property (IP) Guidebook, especially regarding MOSA, discuss the status and schedule of pending Defense Federal Acquisition Regulation Supplement implementation of 2021 NDAA statutory changes to MOSA related to data rights, and briefly discuss what MOSA and IP rights can accomplish together.

Please join us for an important discussion on the partnership of MOSA and IP rights, and how it impacts programs now and in the future.  There will be a Q&A portion to the webinar.

To register, click on DAU's Event page and scroll down to the webinar. Click on the link and click on "Register." 





Community Announcement / Intellectual Property (IP) & Data Rights
Let's Be Modular & Open - Airworthiness
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Join DAU for its inaugural MOSA webinar series where ​Mr. Chris Garrett, Technical Lead for the Air Force Digital Campaign, will demonstrate the nature of Airworthiness Certification Criteria, the creation of data models necessary for airworthiness assessment, and the creation of reference models within an Air Vehicle Reference Architecture context that builds in airworthiness attributes.

 Click the following to register -  https://teams.microsoft.com/registration/RL4hHDUkv0m8H8ujFxhwWA%2cBFe36xm0B0-fwlsdOglpUw%2ceFyNTOFNsEaeSZIGdB9LTQ%2cd7PDvxC8zkqBiFELztKfYg%2c5aw243cJ8k-30YZlTFXGUQ%2cRHr37rRsCEmdLR4Y30KxsA?mode=read&tenantId=1c21be44-2435-49bf-bc1f-cba317187058




Community Announcement / Intellectual Property (IP) & Data Rights
DAU Offers Resources to Develop an Intellectual Property (IP) Strategy
View Announcement

​To assist Program offices develop IP strategies, DAU offers a new valuable resource, an "IP Strategy Job Aid," which is now available on its IP Community at:  https://www.dau.edu/sites/default/files/Migrate/cop/IPDR/Pages/Topics/Best-Practices.aspx. Click on "Intellectual Property Strategy Job Aid" under "Related Websites." 

Program offices can also request help in developing an IP Strategy by scheduling a mission assistance workshop (DAU iCatalog, WSM 24). 

For information on both resources, click on the following link: https://www.dau.edu/training/career-development/program-management/blog/-DAU-Offers-Resources-to-Develop-an-Intellectual-Property-(IP)-Strategy-. 



Community Announcement / Intellectual Property (IP) & Data Rights
DoD Instruction 5000.83, Technology and Program Protection to Maintain Technological Advantage
View Announcement

​DoD Instruction 5000.83, Technology and Program Protection to Maintain Technological Advantage is now available on the Technology Transfer page of the IP Community of Practice. 

Resources / Intellectual Property (IP) & Data Rights

Intellectual Property (IP) and Data Rights News, Articles and Events

Information and Events

 

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.

 

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Emerging Technology

Emerging Technology

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

 

Intellectual property (IP) Cadre

Intellectual Property (IP) Cadre

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IP Document Library

Contribution Type: Reference (3)

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

Contribution Type: Report (5)

Name Summary Description Reference Type
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 Policy
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-

(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 sub 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 preceeding 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

 

Related Websites
URL IP-DR Topic Area
IP Cadre Website, Office of the Assistant Secretary of Defense, Acquisition Intellectual Property Cadre
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IPDR Legislation, Regulation and Policy

Iconograpohy of man in front of legal scale

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
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Intellectual Property (IP) and Data Rights Multimedia

 

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Best Practices

Best PracticesIntellectual Property (IP) & Data Rights Best Practices 

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.  


 

 
 


 

 

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IP and DR Impactful Stories

Impactful Story icon

DAU is gathering impactful stories or examples of the use of IP and Data Rights issues that have surfaced during acquisitions. These stories or examples, both successful and unsuccessful, will be used to highlight the unique situations involved in negotiating data rights and intellectual property, and are not intended to illustrate either effective or ineffective handling of a particular matter. 

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They may be included as case studies in DAU courses on IP and Data rights or in policy guides, and can be modified if anonymity or non-attribution is desired.

We are interested in examples and stories covering all aspects of negotiating and acquiring IP and Data Rights. 

To share your story, please do the following:

Click here to open the PDF titled Intellectual Property and Data Rights Impactful Story Scenario Template in the Office Web App viewer.

Image removed. Intellectual Property and Data Rights Impactful Story Scenario Template


Once it is open (check for a new tab on your browser), Choose the "DOWNLOAD" link in the upper menu of the left side of the page in order for the PDF to be dowloaded to your computer.


Open the PDF you've just downloaded to fill it in as each block will be fillable.

Save the PDF back to your computer like this, adding your last name to the FILE:

 

EMAIL the completed PDF to [email protected].

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Reports, Papers & Articles

  


Reports, Papers & Articles

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Documents / Intellectual Property (IP) & Data Rights

https://www.dau.edu/cop/IPDR/Pages/Topics/IPDR-Basics.aspx
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Printed version of DAU's Intellectual Property (IP) and Data Rights Resource card containing a wealth of resources (e.g. videos, online modules, CDRL tool, Foundational IP Credential).

DAU OT Workshop presentation slides
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DAU OT Workshop presentation slides

DoD Instruction 5010.44, Intellectual Property (IP) Acquisition and Licensing, Section 3
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DoD Instruction 5010.44, Intellectual Property (IP) Acquisition and Licensing

2016 NDAA IP and Data Rights provisions
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2016 NDAA IP and Data Rights provisions

IP Resource Sheet_6.16Update_Interactive
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IP Resource card with links to a wealth of educational resources (e.g. videos, online modules, CDRLs tool, Foundational IP Credential) for the DoD Aquisition workforce.

DAU OT Workshop Presentations
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DAU OT August 5th Workshop Presentations

10 U.S. Code Section 2322, Management of Intellectual Property Matters Within the Department of Defense
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Statutory provision establishing DoD's cadre of Intellectual Property experts.

ASBCA Nos. 61387, 61388
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Boeing summary judgement filing; Air Force contracts allow it to place certain marking legends.

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