What Contractors Need to Know About DoD’s New IP Guidebook
Earlier this year, the Department of Defense (DoD) published an “Intellectual Property Guidebook for DoD Acquisition.” It is the culmination of many years of work and the most insightful data rights guidance out of the Department in at least two decades . Private practitioners may not agree with every characterization of the law and data rights regulations, but the IP Guidebook is particularly commendable for its transparency into DoD’s strategic framework for IP negotiations . Although written for government acquisition professionals, it should be mandatory reading for anyone delivering proprietary technology to DoD or defense contractors. Here are a few key takeaways for contractors: 1. Expect More “Use Case” and “VATEP” Solicitations. DoD’s IP strategy is built largely around the ideal of competitive, interest-based negotiations early in the acquisition lifecycle. [1] To facilitate such negotiations, DoD has experimented in recent years with different solicitation criteria enco...