Focal Point for IP Discussions
The OSD IP Cadre serves as a focal point of the DoD-wide federated model established to coordinate IP advising, support, and resources throughout OSD, the Military Departments (MILDEPs), and other DoD components.
These activities rely on cross-functional subject matter experts (SMEs) and stakeholders to advise and support DoD programs and the acquisition workforce, and to improve DoD’s outreach and communications with our mission partners, including industry, academia, and other Government stakeholders.
Laws and Regulations
We work with stakeholders throughout the Department in developing IP-related statutes and regulations related to DoD acquisitions, to guide and empower the acquisition workforce to effectively use IP as a tool to enable mission success. We work with attorneys throughout the Department to help DoD customers interpret, understand, and leverage laws and regulations.
Modernizing IP Regulations in the DFARS
We partner with Defense Pricing and Contracting (DPC) to modernize the IP coverage in the Defense Federal Acquisition Regulation Supplement (DFARS). The Director, IP Cadre also chairs the Patents, Data, and Copyrights Team as part of DPC's Defense Acquisition Regulation Council (DARC). The DARC is hosting an "enhanced engagement" rulemaking approach to revise the DFARS IP coverage with more robust industry input, as discussed in the final report of the Government-Industry Advisory Panel established by Section 813 of the FY 2020 NDAA. For more information, see Key References below.
Policy and Guidance
In partnership with technical, acquisition, and legal experts and stakeholders throughout the Department, we develop and review policies and guidance that integrate IP-related considerations and best practices into planning and managing DoD acquisitions. For example, we partner with the offices of the ASD for Sustainment and the DASD for Industrial Policy to develop IP policy and guidance that supports implementation of Life Cycle Sustainment and Organic industrial Base statutory requirements.
DoDI 5010.44 Intellectual Property (IP) Acquisition and Licensing
Implements 10 USC 1707 and 3791 requirements for comprehensive IP Policy and creates the DoD-wide federated model for the IP Cadre by establishing the OSD IP Cadre in the Office of the Under Secretary of Defense for Acquisition & Sustainment and assigning responsibilities for the MILDEPs and other DoD Components
The DoD IP Cadre advises programs in coordination with MILDEP or DoD Component SMEs. We frequently work with legal, technical, and acquisition experts throughout the Department to help programs interpret and leverage laws and regulations related to IP in acquisitions. Our goal is to support programs by ensuring that program personnel in all functional areas engaged in all stages of the acquisition life cycle have relevant IP knowledge. This includes providing DoD programs with information and advice about the rights and obligations of the Federal Government and contractors regarding IP law and regulations, program management, logistics, contracts, data management, valuation, and other disciplines as appropriate. Examples of program advising activities:
- OSD & MILDEP Peer Review Teams: Members of the IP Cadre support Peer Review Teams at the OSD and MILDEP level to identify and implement best practices for IP matters in solicitations and contracts.
- Direct Program Advising: Negotiating special licenses, drafting IP terms, developing IP strategies, and advising on the implementation of MOSA strategies in contracts
Training and Education
In coordination with Defense Acquisition University (DAU), we help implement improved, tailored, and useful IP training and credentialing for the acquisition workforce.
DAU IP & Data Rights Community of Practice
The Intellectual Property (IP) and Data Rights Community of Practice provides stakeholders from across multiple career fields a comprehensive source of information, news and happenings on IP, Data Rights and related topics.
CACQ 008: Foundational Intellectual Property (IP) Credential
The Foundational Intellectual Property (IP) Credential is a cross-functional, general purpose credential providing the DoD acquisition workforce with the knowledge of basic IP and Data rights concepts and skills necessary to effectively acquire, license, and manage IP.
Outreach and Communications
We conduct outreach to our industry, academic, and other interested IP stakeholders to foster communication, collaboration, and cooperation to ensure advanced, ready, and affordable capability for the Warfighter and a strong and innovative defense industrial base.
- Improving communications with industry and academia
- DFARS "enhanced engagement" rulemaking, including supporting public meetings hosted by Defense Pricing & Contracting (DPC)
- Industry Outreach (e.g., Request for Information) as a part of the multiple year Pilot Program for IP Evaluations (Sec. 801 of the FY 2020 NDAA)
- Industry association engagements
- Speaking engagements with academia and professional societies
- Representing DoD interests in Federal interagency activities
A critical element underlying all DoD IP Cadre activities is initiating a fundamental culture change in the way DoD views IP matters. IP can no longer be treated as “a lawyer’s issue.” While legal issues and advising are a critical aspect of IP acquisition, licensing, and management, this is a team sport. For DoD programs to successfully address their IP issues, the team must include subject matter experts (SMEs) in a broad spectrum of functional areas, including law, regulation, contracting, acquisition, program management, sustainment, logistics, engineering, industrial base policy, financial analysis (e.g., cost and pricing, IP valuation), education and training, communications, public affairs, and legislative affairs.
DoD Federated Model
The DoD IP Cadre is structured using a federated model that relies upon subject matter expertise, advising, and support from personnel in OSD offices, the MILDEPs, and other DoD components. In this model, all of these offices may function as both supported, and supporting, elements of the overall structure.