Contractors often develop new inventions, technical data, and noncommercial software during the performance of government contracts. Such intellectual property developed under a federal contract and charged directly to a contract typically result in a royalty-free license for use by or on behalf of the government - not only on the subject contract, but in subsequent contracts as well. Development of the same intellectual property without the direct use of government funding can limit the government's use of the intellectual property to a single contract.
The critical question is often whether an item was conceived or "reduced to practice" under a government contract. If you feel your intellectual property rights have been violated, the lawyers at Eckland & Blando LLP can review your case for merit and advise you on any available remedies, including litigating on your behalf. In addition, our attorneys can work with you to develop a strategy to inventory and protect your intellectual property while performing government contracts before any problems arise.