Category Archives: Patent Rights

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In the Tradition of Gilda Radner, the Court of Appeals for the Federal Circuit Proclaims “Never Mind” in Zoltek II

By Louis D. Victorino The United States Court of Appeals for the Federal Circuit (CAFC) recently issued a so-called en banc (all judges of the court) decision with great importance to Federal Government contractors. In Zoltek Corp. v. United States, Fed. Cir., No. 2009-5135, March 14, 2012 ("Zoltek II"), the Court redefined the scope of … Continue Reading

FAR Patent Rights Clause Reminders

Check, is the patent rights clause in your RFP? Should it be? The clause gives government rights in "subject inventions." You have a "subject invention" if: It is "conceived" or "reduced to practice" during contract performance; And there is a "close" relationship between invention and SOW; Or you can’t prove otherwise – record keeping is … Continue Reading

A Brief Guide to Alternative Contracting Arrangements for R&D

The United States has long been the world’s principal purchaser of (a) research and development services, (b) the products generated by the R&D, and (c) the intellectual property relating to that R&D.  Historically, Government-funded R&D has evoked images of an omnipresent, overly intrusive, audit-fixated purchaser bent on levying a host of required terms and conditions … Continue Reading
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