5 Key Takeaways: Protecting Your IP When Government Contracts Are Involved

Larry Prosen and Gunjan Talati, partners in Kilpatrick Townsend’s Government Contracts and Construction & Infrastructure Group, recently presented on an issue of growing importance -- “Protecting Your IP When Government Contracts Are Involved.”

Key takeaways from the presentation that apply to federal government contracts and contracts with federal funding, included:

• Know and review your contracts for IP-related provisions.


• Notify the Agency up front of any existing IP, licenses and patents/patents pending.


• Have systems in place to monitor and verify the development or discovery of a “subject invention” and/or patentable item.


• Disclose “subject inventions” in accordance with contractual requirements. Being late or disclosing to the wrong agency officials can cost you your title in the subject invention.


• Understand the Federal Acquisition Regulations and their interrelation with your contract and IP rights and be sure to flow down requirements to subcontractors.