A Practical Approach to IP Protection for Government Contractors from Martensen IP - WRCB-TV

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A recurring concern voiced by small or emerging companies working in the government marketplace is, “How do I effectively protect my IP when I’m forced to work with large prime contractors?” A threat is perceived that a...

A recurring concern voiced by small or emerging companies working in the government marketplace is, “How do I effectively protect my IP when I’m forced to work with large prime contractors?” A threat is perceived that a prime contractor will take or steal the IP from a subcontractor (small company) to eliminate competition or capture leverage with the government and that the government turns a blind eye to such actions.

Is there truth in this fear? Yes and no. It is exceptionally rare that companies, of any size, steal IP. Does it occur? Yes. Is it the norm? No. What is the norm is that companies often give away their IP. And such gifts are normally done unwittingly. It may be more accurate to state that they fail to take the necessary steps to protect their IP.

To deal effectively with this reality, it is important to recognize that the government marketplace is unique. The regulations that govern these transactions have been developed over the past 200 years and, as some would say, have been unimpeded by progress. They are what they are. No one company, large or small, is going to change the way the government operates.

The government gains the rights to data and inventions laid out in the applicable regulations. For...



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