Primer on Patentability and Use of Ideas Developed by Contractors Performing Work for State and Federal Transportation and Local Planning Agencies (2017) / Chapter Skim
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Pages 21-23
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21 court has concluded that the federal government's ability to authorize and consent to patent infringement by its contractors does not offer protection to contractors for state transportation agencies who infringe patents in the performance of a federally funded contract. In Jacobson v.
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22 the invention, control the commercialization process of the invention, and establish a revenue stream from the invention. NCHRP Report 799 identifies additional factors that can influence whether a state transportation agency should attempt to exercise "march-in rights" or otherwise attempt to take ownership of the inventions of its contractors, in situations where the applicable state law presumes that the contractor is entitled to patent inventions made on state contracts.
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From page 23... ...
23 value engineering change proposal. The value engineering change proposal was subject to a "rights in data" clause similar to that used in federal contracts (as discussed in Section II.A supra)
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