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A comprehensive course for Contractors and Agencies.

Maximizing & Preserving the Value of your Intellectual Property

The Government Contract Intellectual Property Workshop is a comprehensive course designed for lawyers and contracting professionals, whether they represent government contractors, educational institutions, or government agencies.

This course effectively blends detailed instruction with practical, hands-on exercises that are designed to explain and reinforce the complex legal rules and requirements relating to the origination and allocation of contractors’ rights in intellectual property used or arising in the performance if U.S. government procurement contracts.  Real world examples and interactive problem-solving exercises provide what purely lecture-based presentations cannot – real time reinforcement that maximizes the educational and practical benefits for each participant.

The effects of the creation and allocation of rights in intellectual property upon the profitability of commercial entities and the operational efficiency of governmental entities has never been more evident.  The generation, use, and control of intellectual property rights is a material factor for consideration in the preparation and execution of many, if not most entities’ business plans.  In this respect, the government contracting environment is little different from the purely commercial business environment.  When it comes to how intellectual property is generated, used, and controlled, however, the government procurement environment is governed by statutes and regulations that impose risks and present opportunities to contractors that can be very different from the risks and opportunities found in the commercial environment.

The purpose of this course is to identify and discuss the statutes and regulations that govern the creation, allocation, and preservation of intellectual property rights under federal government procurement contracts.  The course is organized into specific educational modules.  Each module starts by presenting the basic rules and regulations relevant to the specific topic of the module and concludes with interactive practical exercises.  These interactive practical exercises use real world examples -- fact patterns, negotiating positions, or contract clauses – to highlight the operation of the rules and regulations presented in the module with the goal of developing responses that reflect defensible applications of these legal requirements.  Consequently, this approach gives each participant the opportunity to test and reinforce her or his understanding of this material in real time and while in an educational environment.

This course is presented primarily by Rod Marvin, a dynamic speaker with solid legal credentials and extensive, current experience in this complex legal arena.  In addition, as relevant late breaking developments occur, the presentation will be supplemented, when possible, by a guest speaker with specific insight into the development.

 
Dates and Locations
June 13-14, 2012
Courtyard Marriott San Diego Downtown
San Diego, CA
$1025.00
November 1-2, 2012
AMA Conference Center
Arlington, VA
$1025.00
Accreditation
This Program is eligible for:
11 (60 minute)
This Program is eligible for:
13 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
This Program is eligible for:
11 (CLP) hours of credit
Related Downloads
Registration Form for fax-in registrations (PDF)
Daily Schedule
9:00 AM - 4:00 PM

The Government Contract Intellectual Property Workshop Course Curriculum

  1. Inventions

    Module 1:  Threshold Questions and Analysis

    Module 2:  Allocation of Rights in Inventions Made with Federal Assistance

    1. Basic rules and definitions
      1. The Bayh-Dole Act and its implementing regulations
      2. Definitions
        • Subject invention
        • Conceived
        • Actually reduced to practice
        • In the performance of a government contract
        • Independent research and development
    2. Allocation of rights between government and prime contractor
    3. Allocation of rights between government and subcontractor
    4. Allocation of rights between prime contractor and subcontractor
    5. Business case - practical exercises

    Module 3: Actions Required to Secure Contractor Rights in Inventions Made with Federal Assistance

    1. Creation and maintenance of relevant records
    2. Disclosure
    3. Election to retain ownership
    4. Filing patent application(s)
    5. Business case - practical exercises

    Module 4: Actions Required to Preserve Rights in Inventions Made with Federal Assistance

    1. Domestic use requirements / licensing limitations
    2. Mitigating risk of march-in
    3. Business case - practical exercise

     
  2. Technical Data and Computer Software

    Module 5: Threshold Questions and Analysis

    Module 6: Allocation of Rights in Noncommercial Technical Data and Computer Software Required to be Delivered Under US Government Contracts

    1. Basic rules and definitions
      1. Statutes and regulations
      2. Definitions
      • Data
      • Computer software
      • Developed
      • Private expense
      • Mixed funds
      • Government expense
      • Unlimited rights
      • Government purpose rights
      • Limited rights
      • Restricted rights
      • Specifically negotiated license rights

       
    2. Allocation of rights between government and prime contractor
    3. Allocation of rights between government and subcontractor
    4. Allocation of rights between prime contractor and subcontractor
    5. Business case - practical exercises

       

    Module 7: Actions Required to Secure Rights in Noncommercial Technical Data and Computer Software Required to be Delivered Under US Government Contracts

    1. Disclosure of intention to assert limitations upon the government's disclosure or use
    2. Marking of data or software delivered to government
    3. Creation and maintenance of relevant records
    4. Defense/validation of asserted restrictions upon government's use or disclosure of data or software
    5. Business case - practical exercises


    Module 8: Actions Required to Preserve Rights in Noncommercial Technical Data and Computer Software Required to be Delivered Under US Government Contracts

     

    1. Avoidance of disclosure/use that could exempt government from asserted restrictions
    2. To the extent possible, monitor government disclosure/use (review solicitations for related products/services)
    3. Provide timely and substantive response to any government challenge of restrictions asserted by contractor
    4. Business case - practical exercises

    Module 9: Allocation of Rights in Commercial Technical Data and Computer Software
    1. Commercial technical data
      1. "Standard" government rights
    2. Commercial computer software
      1. Notification of contracting officer
      2. "Standard" government rights
      3. Common government objections to commercial software license provisions
    3. Business case - practical exercise

Course Faculty

Charles R. "Rod" Marvin, Jr.
Partner in the Washington, D.C. law offices of Cohen Mohr LLP, where he advises and represents clients with respect to issues arising throughout the government procurement process — from solicitation and award through contract administration and claims, to contract completion or termination. Mr. Marvin’s experience spans a wide range of areas, including information systems and technology, military weapons and weapons simulations systems (including classified projects), space-related systems and support systems, research and development contracts, and environmental remediation work. Mr. Marvin advises and represents clients in the evaluation of solicitation provisions and in the preparation and negotiation of contract provisions, including, in both cases, provisions concerning the creation, protection, and licensing of intellectual property, as well as teaming agreements, confidentiality agreements, protective orders, and mediation and settlement agreements. J.D., Boston University School of Law, LL.M. with highest honors, (Government Procurement Law), The George Washington University Law School, B.A. with honors, Michigan State University.

Accreditation
This Program is eligible for:
11 (60 minute)
This Program is eligible for:
13 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
This Program is eligible for:
11 (CLP) hours of credit
AMA Conference Center
2345 Crystal Dr
Ste 200
Arlington, VA 22202
Courtyard Marriott San Diego Downtown
530 Broadway St
San Diego, CA 92101
Please call (800) 321-2211 and reference the Federal Publications Government IP Workshop to receive the group rate of $199/night plus taxes. You may also reserve your guest room on-line by visiting Courtyard San Diego Downtown at http://www.marriott.com/hotels/travel/sancd-courtyard-san-diego-downtown/?toDate=6/15/12&groupCode=trutrua&fromDate=6/12/12&app=resvlink. The cut-off date for guest room reservations is Tuesday, May 22nd.
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The Government Contract Intellectual Property Workshop
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Date Location
June 13-14, 2012 San Diego, CA
November 1-2, 2012 Arlington, VA
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Call (888) 494-3696
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