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Intellectual property is oftentimes a company’s most valuable asset. When entering into a contract with the U.S.Government, companies may unknowingly lose rights in their intellectual property. Depending on the case, the Government’s rights to a company’s intellectual property will be subject to the company’s standard commercial license, Limited Rights (restricted rights for software), Government Purpose Rights or Unlimited Rights. It is in a company’s best interest to have an item qualify as a commercial item. Commercial item procurements by the Government are streamlined and allow the contractor to use its standard commercial license when granting intellectual property rights to the Government.
Additionally, a company may retain greater rights in an item that is developed solely at private expense. If no Government funds are used an item may qualify as a commercial item, or at a minimum the Government will have limited rights and even restricted rights for software. It is with utmost importance that companies act diligently and cautiously when entering into a Government contract, this will help maximize intellectual property rights.
Lawyers at The Nevarez Law Firm can help counsel clients protect their intellectual property rights with regards to data and software. Additionally, the Firm can help with rights in intellectual property for patented, or patentable inventions reduced to practice, before or after a government contract. Furthermore, the Firm has the ability to assist clients to demonstate their technology, software or other products to satisfy government requirements and regulations.
The Firm has the ability to design procedures to track development and reduction to practice so companies can restrict governmental rights in data in software. Aditionally, we can prepare and review intellectual property and software license agreements, non-disclosure and confidentiality, as well as CRADAs and Other Transactions.