The Intellectual Property (IP) Cadre, a division of Acquisition Policy and Innovation, leads a coordinated DoD-wide effort to modernize IP policies, culture, and best-practices to maximize the return on DoD technology investments, reduce program sustainment costs, and better enable the delivery of cutting-edge technology advantage to the warfighter at scale, faster.
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.
Enable and empower the cross-functional acquisition workforce with
Data-Driven Intellectual Property Policies,
Flexible Strategies, and Digital Best Practices
to deliver and sustain cost-effective technological overmatch for the Warfighter.
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.
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.
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
IP: A Strategic and Tactical Guidebook
First-ever Intellectual Property guidebook to enhance program implementation of regulation best practices for acquiring, licensing, and managing IP
DoD Manual 5010.12, Acquisition & Management of Contractor-Prepared Data (the “CDRL Guidance Manual”)
Updates & re-issues previous version of DoD Manual 5010.12; the first update since 1993
Modular Open Systems Approaches (MOSA) Guidebook
The IP Cadre is partnering with USD(R&E) and the MILDEPs to develop a comprehensive guidebook on Modular Open Systems Approaches (MOSA) requirements for DoD programs.
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:
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.
Decoding AI Acquisitions and Data Rights
This article from the DAU Magazine describes the importance of Intellectual Property (IP) rights and developing an IP strategy as well as best practices for AI procurement.
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.
The DoD IP Cadre hosted the first-ever DoD IP Forum on December 6-8, 2023, in Arlington, VA. The forum focused on engagement between the DoD acquisition workforce and industry partners to address key IP challenges, including early IP planning and strategies for DoD lifecycle needs and negotiation of tailored licenses.
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.
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.
Annual reports to Congress (Sec. 801, FY20 NDAA)
FY16 NDAA