What Every Company Should Know about IP Rights When Selling to the US Government

Vol. 9 No. 6

By

Susan B. Cassidy is a partner at Covington & Burling LLP in Washington, DC. She is a member of both the government contracts and cybersecurity practice groups at Covington.

Alexander B. Hastings is an associate at Covington & Burling LLP in Washington, DC. He is a member of the government contracts and e-discovery practice groups at Covington.

Jennifer L. Plitsch is a partner at Covington & Burling LLP in Washington, DC. She is cochair of the firm’s government contracts practice group.

Teaming with the U.S. government through contracts, grants, and other types of agreements represents an additional market for commercial companies, as well as an opportunity to engage in research to develop intellectual property (IP) that can meet both government and commercial needs. These opportunities, however, are not without risk. Companies selling to or engaging in research and development activities with the U.S. government must understand the regulatory requirements that apply to these activities and must take necessary measures to protect their preexisting intellectual property and to convey to the government only those rights it intends to convey for new intellectual property.

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