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Patrick Hogan Vice President and Associate General Counsel Intellectual Property & Technology Law L

Patrick Hogan Vice President and Associate General Counsel Intellectual Property & Technology Law L. Seminar on R&D Commercial Practices and Government Contracts April 22, 2002. US Government is Lockheed Martin’s Primary Customer. R&D Work. Mixed Funding. US Gov’t Contract

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Patrick Hogan Vice President and Associate General Counsel Intellectual Property & Technology Law L

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  1. Patrick HoganVice President and Associate General CounselIntellectual Property & Technology LawL Seminar on R&D Commercial Practices and Government Contracts April 22, 2002

  2. US Government is Lockheed Martin’s Primary Customer R&D Work Mixed Funding US Gov’t Contract Research & Development (“CRAD”) Private Funding (IRAD, B&P, etc.) Source of Funding: Regulations: FAR DFARS NASA FAR SUP Gov’t Purpose Rights Limited/Restricted Rights Government’s Rights: Unlimited Rights

  3. Develop a Corporate Internal Process that Maps to Regulations and Associates R&D IP Deliverables* with the Source of Funding of the IP Deliverables If Process determines that Private Funded or Mixed Funded IP will be delivered to Government then Notify and Mark the delivered IP with appropriate restrictive legend the Gov’t prior to contract award (usually in proposal) that IP will be delivered with other than unlimited rights * But see Deferred Ordering Clause

  4. Lockheed Martin Subprocess:Invention Disclosure Reporting System CRAD Inventions Mixed Funded Inventions Private Funded Inventions InventIt™ (Lockheed Martin’s online Invention Disclosure System) Subject Invention? • Invention Review Board Decision Factors: • Any Gov’t Rights (Subject Invention)? • Protects Key Technologies? • Commercialization Applications? • Meets Offset Requirements? Patent Trade Secret Publish

  5. Problem Areas in Protecting IP in Government Contracts • Failure to follow our own process (e.g. forget to mark) • Definition of “Subject Invention” includes first reduction to practice • Subcontractors refuse to accept FAR/DFARS IP flowdown clauses (give Prime authority to negotiate with Sub?) • Multiple IP Regulations (DOD vs. Civilian Agencies) • Negotiating custom IP rights with Contracting Officers in mixed-funding situations (IP Guide helps)

  6. Is There a Need to Price IP Separately in a Government Contract? • Lockheed Martin typically does not price IP separately • In mixed funding situations we might negotiate non-standard rights at the same price • If US or Foreign Government wants option for Competitive Data Packages we will price separately

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