Patent recourse via government redistribution
Posted Apr 26, 2011 21:03 UTC (Tue) by david.a.wheeler
In reply to: Patent recourse via government redistribution
Parent article: A victory for the trolls
I don't think that's true at all; the U.S. military DOES have to pay attention to patents. There's a LOT of stuff involving patents and the military that might be related to what you're thinking about, so I'm not sure what you're alluding to.
You might be referring to title 10's section 2354. Contracts: indemnification provisions. There it says that "With the approval of the Secretary of the military department concerned, any contract of a military department for research or development, or both, may provide that the United States will indemnify the contractor against either or both of the following, but only to the extent that they arise out of the direct performance of the contract...".
But notice that this is NOT blanket permission. Instead, this transfers risk from the contractor to the government. ALSO note that only happens when the Secretary of a military department approves; this is NOT a routine grant.
Defense Federal Acquisition Regulation Supplement (DFARS)
is the master instruction book and template set for most Department of Defense (DoD) acquisitions; take a peek there to see what you have in mind. You especially want to look at part 227 ("PATENTS, DATA, AND COPYRIGHTS").
There's a LOT there, but usually if you take government money to build something and there's a patent, the government gets a right to use the patent for government purposes. It's a LOT more complicated than that, but even so, it's not the case that "the military can ignore patents".
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