Many contracts with the government contemplate that the contractor will develop and deliver to the government technical data and computer software. Contractors generally retain title to technical data and computer software and convey a license to use such data to the government. There are three general categories of government license rights in technical data and computer software: (1) unlimited rights, (2) limited rights (technical data) or restricted rights (computer software), and (3) government purpose rights. The level of license rights that the government will receive depends on several factors, including whether government funding was used to create the data or software, whether the data or software was delivered under the contract, and which government agency is the contracting party. Contractors should consider intellectual property rights and obligations from contract negotiation through performance.
Premium Content For:
- Solo, Small Firm and General Practice Division