National Government Intellectual Property Concerns Law Firm

Contracting with the government is complicated enough by itself. Throw in the complex rules governing intellectual property and prime/subcontractor relationships, and the legal terrain quickly becomes riddled with pitfalls for the untutored.

At Martensen IP, our attorneys routinely address intellectual property issues with respect to government contracts and the interaction between subcontractors and prime contractors. The attorneys at Martensen IP have personal experience with federal contracting and intellectual property law. Said simply, we know your customer.

Looking for advice on government IP? Reach out to our legal team at (719) 358-2561 and connect with our experienced government IP attorneys in Colorado Springs.

Our team collectively has decades of hands-on experience within the government as warfighters, program managers, and procurement officers. This depth of expertise greatly benefits our clients as they enter into contracts with the federal government. As an additional resource in support of Martensen IP’s government contracting work, Michael Martensen retains the capability of reviewing and analyzing sensitive government information.

Many clients who approach Martensen IP law for legal advice understand that it is not unusual for a federal government contract to result in complex intellectual property issues for the contractor. Making the right decisions early is critical to preserve a company’s value, even when the government is the client’s primary (or only) customer.

Martensen IP works with startups, emerging companies, and established organizations seeking to protect and commercialize intellectual property developed in the course of fulfilling these government-funded contracts. The firm also advises clients with respect to the legal requirements involved in characterizing pre-existing products as IP prior to entering into a government contract.

Securing Your Intellectual Property in Government Deals

Martensen IP ensures that the technology that clients have developed for the government remains their property and is available to them for commercial development after and during the fulfillment of the government contract. The laws concerning intellectual property for the government and for the commercial sector, while related, are arguably two different systems. We know how to tailor this legal advice to our clients.

What Recourse Do I Have if My Intellectual Property Rights Are Infringed Upon in a Government Contract Setting?

If your intellectual property rights are infringed upon in a government contract setting, you have several avenues for recourse. Understanding these options is crucial to effectively protecting your intellectual assets.

At Martensen IP, our team of Colorado Springs government intellectual property lawyers serve clients nationwide and can guide you through this complex process. Initially, it’s essential to conduct a thorough review of your government contract to determine the extent of your IP rights and any specific clauses that may impact your case.

Once an infringement is identified, you may consider the following steps:

• Administrative Remedies: Depending on the nature of the contract, you may need to seek resolution through administrative channels. This often involves filing a claim with the contracting officer or relevant government agency overseeing the contract.
• Litigation: If administrative remedies fail or are not applicable, you might consider pursuing litigation. Our government intellectual property law attorneys in Colorado Springs can represent you in federal court or the U.S. Court of Federal Claims, where many IP disputes involving government contracts are adjudicated. We serve clients throughout the U.S.
• Alternative Dispute Resolution (ADR): In some cases, mediation or arbitration may be a viable option. ADR can provide a less adversarial and often quicker resolution compared to traditional litigation.
• Negotiated Settlements: Often, negotiating a settlement directly with the infringing party or the government entity involved can be beneficial. Our attorneys are skilled negotiators who can help secure favorable terms without the need for prolonged legal battles.

Engaging experienced legal counsel early in the process is vital. Our firm’s expertise ensures your intellectual property rights are robustly defended, allowing you to focus on your innovation and business growth.

Protect Your Intellectual Property with Martensen IP

We at Martensen IP recognize the paramount importance of securing your intellectual property when engaging in government contracts. Our knowledgeable attorneys specialize in assisting clients with protecting their innovations, trademarks, and creative works during any government-related transaction. Whether you're submitting a bid for a government contract or partnering with a federal agency, we deliver the legal acumen required to safeguard your intellectual property rights effectively.

Benefits of protecting your intellectual property with Martensen IP include:

• Preventing unauthorized use or reproduction of your creations
• Safeguarding your competitive advantage in the marketplace
• Maximizing the value of your intellectual assets
• Avoiding costly legal disputes and infringement claims
• Ensuring compliance with government regulations and requirements

Why Choose Martensen IP For Your Government IP Needs 

At Martensen IP, we understand that every client’s situation is unique, especially when it comes to government contracting and intellectual property. Our client-centric approach ensures that we take the time to listen to your specific needs and challenges. We believe in crafting personalized legal strategies that align with your goals, whether you are a small startup or a large corporation.

Our team of experienced attorneys is dedicated to providing you with:

• Comprehensive Consultations: We offer in-depth consultations to fully understand your business and its intellectual property landscape, enabling us to provide the most effective guidance.
• Proactive Communication: We keep you informed at every step of the legal process, ensuring that you are never left in the dark about your case.
• Flexible Solutions: Our legal strategies are adaptable, allowing us to pivot and respond to new challenges as they arise in your government contracting endeavors.
• Long-Term Partnerships: We aim to build lasting relationships with our clients, providing ongoing support and legal counsel as your business evolves.

Choose Martensen IP for a legal partner that prioritizes your success and is committed to navigating the complexities of government contracting and intellectual property with you every step of the way.

Frequently Asked Questions (FAQ)

• What is the difference between government and private sector IP rights?
  In government contracts, the U.S. government may have specific rights to use or license the intellectual property created under the contract, which are typically not present in private sector agreements. While private companies usually retain full ownership, the government often has a license to use the IP for government purposes, with certain conditions that may limit commercial use.
• How can the Bayh-Dole Act benefit my company?
  The Bayh-Dole Act allows your company to retain ownership of inventions developed with federal funding, which can be a significant advantage. It gives you the freedom to commercialize your innovation, license it to other parties, or retain exclusive rights, while the government still has a license to use the technology for non-commercial purposes.
• Are Non-Disclosure Agreements (NDAs) necessary for government contracts?
  Yes, NDAs are highly recommended in government contracts. They protect your proprietary information and intellectual property by ensuring that sensitive data is not disclosed without your consent. NDAs create legal obligations for all parties to maintain confidentiality, which helps prevent the loss of valuable trade secrets and inventions.
•  What happens if my intellectual property is infringed upon during a government contract?
  If your IP is infringed upon, you can take several actions, including filing an infringement claim with the contracting officer or pursuing legal action in federal court or the Court of Federal Claims. Consulting an attorney experienced in government contracts and intellectual property law can help you understand your options and protect your rights.
• Can I commercialize IP developed under a government contract?
  Yes, you can commercialize your IP, especially if it is developed under the Bayh-Dole Act. However, you must be aware of any specific clauses in the contract that grant the government certain usage rights, such as government licenses to use the technology for non-commercial purposes. It's essential to negotiate these terms carefully before entering into an agreement.
• Do I need to share my intellectual property with the government during a contract?
  While you may need to share certain technical data or inventions with the government, the level of disclosure depends on the terms of your contract. It's important to ensure that the government’s rights to use your IP are clearly defined to protect your business interests and avoid unwanted exposure or misuse of your proprietary information.
• How does the government’s use of my IP affect my business?
  The government’s use of your IP can limit your ability to commercialize or license it in certain situations. However, with the right contractual protections, such as exclusive licensing or ownership clauses, you can retain control over your IP and still meet the government’s needs under the contract. Always seek legal counsel to understand how your IP will be affected by government use. 

Need guidance on government IP? Contact our legal team today at (719) 358-2561 to speak with our government IP attorneys in Colorado Springs.