Intellectual Property: Technical Data and Computer Software Rights Procurement in Department of Defense Major Weapon Systems

Abstract

Intellectual property and intellectual property rights play an important role in the Department of Defense's ability to ensure major weapon systems are affordable. The DOD has placed increased emphasis on improving how the DOD procures intellectual property and intellectual property rights and in understanding the complex issues behind intellectual property that exist between the DOD and industry. The research in this paper seeks to evaluate recent DOD efforts to improve the acquisition of intellectual property (specifically technical data and computer software) and intellectual property rights. Additionally, the research takes a look at past acquisitions to evaluate the intellectual property strategies developed during the acquisition planning and contract award phases of four Air Force major weapon system programs. The paper utilizes the research findings to identify "best practices" that can be readily applied to future acquisitions when procuring technical data and computer software rights.