The Masters Institute in Government Contract Intellectual Property

Overview

The Masters Institute in Government Contract Intellectual Property is a 3-day comprehensive advanced course on everything IP in government contracts. Taught by the industry's leading practitioners, this informative program will include interactive dialogue and discussion, keeping you engaged in the subject.

This fast paced program will cover all areas of intellectual property and the latest cases, issues and challenges faced by contractors.
As the complexity of technology, fierceness of competition, plus the concerns of secure technology and trade secrets grows, this class will help equip you with knowledge to take back to your organization and recognize issues and challenges faced in your IP strategy.

Join outstanding, highly experienced faculty from Crowell & Moring LLP, Morrison & Foerster LLP, and Sheppard, Mullin, Richter & Hampton LLP.

Learning Objectives

Upon successful completion of this program you will:

Answer questions regarding IP ownership and limits to ownership
Develop a stronger sense of how to protect and inventory your IP across your portfolio of contracts
Determine technical data ownership and rights
Understand the FAR and FAR regulations governing IP, tech data and computer software rights
Develop and/or understand the contract clauses and interpret the clauses
Differentiate costs of direct vs indirect funding
Understand BBP 3.0
Learn the mechanisms in tech transfers

Dates/Locations

No upcoming dates/locations at this time

Agenda

8:00 AM - 3:00 PM	La Jolla, CA and Hilton Head, SC Locations
9:00 AM - 4:00 PM	All Other Locations

DAY 1
1. Introduction to Intellectual Property
•   Trade Secrets
•   Patents
•   Copyrights

1)   Computer Software
•   IP Rights in Agencies
•   DFARs Regulations
•   FAR Regulations

2)   Delivery under the Contract
•   Contract Data Requirements (CDRL)
•   Data Accession List (DAL)

4. Rights of IP
•   Government Rights
•   Prime Contractor Rights
•   Unlimited Rights
•   Limited Rights
•   Restricted Rights
•   Government Purpose Rights (GPR)

1. Development
•   Segregated Development
•   Improvements vs Development

2.   Private vs Government Expenses
•   Indirect vs Direct Funding
•   IR & D Expense
•   Pre & Post Development Documentation

3. Marking Data at DoD
4. FAR Marking
5. Commercial Software
a..Department of Defense
b. Civilian Agencies

6. Other Considerations
•   Proposal Markings
•   IP Disclosures in Proposals
•   Commercial Item (FAR Part 12)
•   Patents : Subject Invention

7. Summary

DAY 2

A. RIGHTS IN TECHNICAL DATA AND PATENTS

1. Sources for Protecting IP
•   Acts
•   FAR/DFARs/DEAR/NSF
•   UTSA – State Uniform Trade Secrets Act
•   Penalties

1.   Patents
•   Relationship between Patent & Trade Secret

2.   Copyrights

3.   FAR System Patent Rights Coverage
•   Pre-FAR Policies
•   FAR/DFARs Patent Rights Principles

4.   Govt/Contractor Joint Inventions
•   Background Patent
•   Rights
•   Administration Principles
•   Procedures
•   Issues posed by FAR/DFARs Clause

5.   Inventions Subject to Patent Rights Clause
•   Definition of Subject Invention

6.   DoE Patent Rights Clause

7.   NASA Patent Rights Clause

8.   Patent & Copyright Infringement
9.   Recent Developments

B. NEW DEVELOPMENSTS IN RIGHTS IN TECHNICAL DATA

1. Overview

•   Legislation
•   Regulations
•   Policies

Segregation & Reintegration
Deferred Ordering
Challenging Data Rights

DFARS Rules
•   Background
•   Clauses
•   Changes to Clauses
•   Additional Protections

Guidelines for Creating & Maintaining a Competitive Environment for Supplies and Services in the DoD
•   Background
•   Open Systems
•   IP Strategy

DoD Open Systems Architecture Contract Guidebook for Program Managers

•   Background
•   Fundamental Principles
•   Model Contract Clauses
•   Model Instructions to Offerors
•   Model Evaluation Factor
•   Other Model Factors

Better Buying Power 3.0
•   Concept
•   Sources of Expenditures
•   Stipulating Rights by Fiat
•   Data Rights as an Evaluation Factor
•   Broad Challenges to Rights Assertions
•   Misuse of Data Accession List

DAY 3
       A. Federal IP in Other than Procurement Contracts

Technology Transfer
•   Definition
•   Mechanisms
•   IP In Public Domain
•   IP Infringement
CRADAS
•   History Until 1986
•   History Since 1986
•   CRADA Defined
•   Issues with IP in CRADAs
•   CRADA Responsibilities

Other Transaction Agreements
•   Definition and History
•   Inapplicable Statutes
•   Guidance
Grants
•   Definition
•   Copyright
•   Patents
•   FOIA and Grants
Miscellaneous Issues
•   Data Rights
•   CRADA Format
•   Disputes
•   Applicable Laws
•   Liability
•   Indemnification
•   Statement of Work (SOWs)
•   Lab’s use of In-house/outside contractors for CRADA work
•   Reimbursement
•   Collaboration

Current IP Issues
BBP 3.0
Other Issues and Recap

Experts

W. Jay DeVecchio

Senior of Counsel, Washington D.C.

Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice, with 46 years’ experience in the field. Clients from the aerospace, technology, and healthcare sectors seek his representation in all facets of government procurement...

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John McCarthy

Partner, Crowell & Moring

John E. McCarthy, Jr. is a partner in the Washington, D.C. office of Crowell & Moring and member of the firm's Government Contracts Group. John has spent more than thirty years litigating all forms of government contracts cases for both large and small government contractors, wit...

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Accreditation

See Individual Courses For Available Credits

Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.

CPE: Continuing Professional Education

Field of Study: Specialized Knowledge

Delivery Method: Group-Live Classroom

Federal Publications Seminars is affiliated with West Professional Development and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.

For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.

CPE Hours

This program is eligible for: 19.50 (CPE) hours of credit

Program Level: N/A

Program Prerequisite: N/A

Advance Preparation: N/A

Method: N/A

CLP: Continuous Learning Points

Approved for CLP by Defense Acquisition University

Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.

CLP Hours

This program is eligible for: 17.00 (CLP) hours of credit

CLE: Continuing Legal Education

States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.

Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.

CLE Hours

This program is eligible for: 16.50 (60 minutes), (50 minutes)

Travel

No travel information is available at this time

Level

100

Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
200

Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
300

Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
400

Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
500

Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.