Latest news with #governmentcontracts
Associated Press
a day ago
- Business
- Associated Press
Martensen IP Offers Valuable Insights on Best Practices for Protecting Your IP from Hidden Risks in Government Contracts
07/28/2025, Colorado Springs, CO // KISS PR Brand Story PressWire // Your SBIR Phase proposal and how (or by whom) your IP is crafted might grant the government more rights than intended. Learn how specific language and developmental approaches can jeopardize your intellectual property and future commercialization efforts. The Hidden Risk in Government Contracts Securing a Phase II or III SBIR award is a significant achievement. However, many companies unknowingly jeopardize their intellectual property (IP) rights through the language used in their proposals and how they produce their deliverables. What seems like standard, or 'boilerplate' text can inadvertently grant the government extensive rights, potentially diminish the value of your innovations, and deter future investors or acquirers. And managing risk using 1099s or independent contractors can lead to a loss of control of future opportunities. Understanding Government IP Rights In government contracts, the rights the government obtains to IP depend largely on prior assertions of your rights, what you have agreed to deliver, and the specific terms outlined in the contract. The primary categories of government rights include: Unlimited rights. The government can use, disclose, reproduce, and distribute technical data or software in any manner and for any purpose. This typically applies when the government fully funds development (DoD) or development was accomplished in performance of the contract (non-DoD)*. Government purpose rights. The government can use, disclose, reproduce, and distribute the technical data or software within the government without restriction and can share it with other contractors but only for government purposes. This applies when development is funded by a mix of government and private funds under defense contracts (DoD). Limited/Restricted rights. The government can use the technical data or software within the government but cannot disclose it to third parties without permission. This usually applies when the development is entirely funded at private expense (DoD) or developed not in performance of the contract. (non-DoD) SBIR data rights. Under a SBIR/STTR award, the government gains limited and restricted rights in the data and software delivered. These rights last for 20 years, after which the government's rights become unlimited. The Proposal Becomes the Contract A critical aspect often overlooked is that the proposal you submit can become an integral part of the contract. Terms and descriptions used in the proposal are often incorporated by reference or copied directly into the contract, making them legally binding. Simply put, the government contract usually accepts exactly what is offered. Common Pitfalls in Proposal Language Overly broad descriptions. Providing detailed technical data without appropriate restrictions can lead to unintended rights being granted. Lack of proper markings. Failing to assert and mark proprietary information correctly can result in the government assuming broader rights than intended. Inconsistent terminology. All the words used in a proposal should be selected carefully, but in the world of IP certain terms are particularly important. Government rights in IP are tied to the use of these words. Using terms like 'develop' or 'create' in a proposal without understanding their contractual implications can be detrimental. Recognize that Phase III refers to work that derives from, extends, or completes an effort made under prior SBIR/STTR Funding Agreements. Matching prior terminology on prior SBIR/STTR grants on a Phase III proposal ensures IP rights are maintained. Subcontractor Missteps A common mistake is taking steps to minimize cost that increases risk. Small companies are typically cash-poor. To be efficient, hirings are minimized, and contractual help is maximized. Resources are engaged on an 'as needed' basis, and independent contractors and 1099s are common. The government, however, looks at independent contractors and 1099s differently. From the government's perspective, an independent contractor or 1099 is a subcontractor, and a subcontractor, not the prime, possesses (owns) the IP. Lacking correct wording in everyone's working agreement, the company may not actually control the IP. And the government may be looking at awarding a Phase III contract to your independent contractor, not you. Best Practices for Protecting Your IP Safeguard Your Innovation The language used in your SBIR proposal and worker agreements is not just a formality; it's a critical component that can define the future of your intellectual property and the value of your company. By understanding the implications and taking proactive steps, you can protect your innovations and maintain their commercial value. Ready To Ensure Your IP Is Protected? Schedule a free 30-minute consultation with our experienced IP attorneys to review your proposal and safeguard your intellectual property rights. Book Your Free Consultation! Martensen specializes in intellectual property (IP) strategies for the identification, protection, and monetization of IP, particularly with respect to government contracts, providing deep expertise in SBIR/STTR programs, defense tech, and dual-use commercialization. *Federal Acquisition Regulation (FAR) and Department of Defense Federal Acquisition Regulation Supplement (DFARS) govern non-DoD and DoD rights, respectively. About Martensen IP At the intersection of business, law and technology, Martensen understands the tools of IP. Martensen knows the business of IP. We understand the tech market, especially when the government is a customer, and we know how to plan, assess, and adjust. Patents, trademarks, copyrights, trade secrets, licenses are our tools. Martensen IP Media Contact Source: Release ID: 1682734
Daily Mail
6 days ago
- Business
- Daily Mail
Trump fires back at reports he's trying to destroy Musk's companies
President Donald Trump shot back at reports that he will try to destroy the companies of former best friend Elon Musk, clarifying his intent when it comes to the world's richest man. Trump had previously threatened to take away the billions in government contracts that Musk's various companies hold. The duo had a very public fallout over Trump's one big beautiful bill, which resulted in each man making threats against the other But the president now says he wants Musk to 'thrive.' 'Everyone is stating that I will destroy Elon's companies by taking away some, if not all, of the large scale subsidies he receives from the U.S. Government. This is not so!,' the president wrote on Truth Social. 'I want Elon, and all businesses within our Country, to THRIVE, in fact, THRIVE like never before! The better they do, the better the USA does, and that's good for all of us,' Trump wrote. The clarification came after White House press secretary Karoline Leavitt was asked in her briefing on Wednesday if Trump supports federal agencies contracting with Musk's artificial intelligence company, xAI. 'I don't think so, no,' she replied and then added she would speak to the president about the matter. xAI won a contract for up to $200 million with the Department of Defense, alongside Anthropic, Google and OpenAI, last week. Additionally, this week, xAI unveiled a suite of products for U.S. government customers, which it refers to as Grok for Government. Trump and Musk have had a hot and cold relationship since the Tesla founder left government service in May. After his departure, Musk publicly turned on Trump's signature bill, complaining it would increase the country's debt and undo much of the savings his Department of Government Efficiency had sought. Trump was furious at Musk's public criticism and, at one point, responded: 'The easiest way to save money in our Budget, Billions and Billions of Dollars, is to terminate Elon's Governmental Subsidies and Contracts.' 'We might have to put DOGE on Elon. You know what DOGE is? DOGE is the monster that might have to go back and eat Elon,' Trump added. Musk, for his part, threatened to start a third political party to go after Republican candidates and posted on his X account that the reason the Jeffrey Epstein files hadn't been released because Trump is in them. He later took that post down.
Forbes
6 days ago
- Business
- Forbes
Trump Says He Wants Musk To ‘Thrive' As Epstein Backlash Swells
President Donald Trump said he wants his former ally-turned-foe Elon Musk to 'thrive' and denied he's considering docking Musk's government business on Thursday—as Musk has repeatedly called out Trump over his relationship with Jeffrey Epstein. President Donald Trump takes to the stage at an AI summit hosted by All‑In Podcast and Hill & Valley ... More Forum at the Andrew W. Mellon Auditorium on July 23, 2025 in Washington, DC. (Photo by) Getty Images 'Everyone is stating that I will destroy Elon's companies by taking away some, if not all, of the large scale subsidies he receives from the U.S. government. This is not so!' Trump wrote on Truth Social,' insisting he wants Musk to 'THRIVE like never before!' Trump made the comments after Reuters reported earlier in the week the Trump administration is considering alternative contractors for the Golden Dome missile defense system to Musk's Space X amid Trump's feud with Musk. Trump has also directly threatened Musk's government subsidies, writing on Truth Social in early July Musk 'may get more subsidy than any human being in history, by far' and without the money, 'would probably have to close up shop and head back home to South Africa.' The remarks come as Trump and his administration have made a series of moves widely viewed as an effort to detract from criticism of his administration's handling of documents detailing the Justice Department's Epstein investigation. The president posted about Musk hours after the Wall Street Journal revealed Wednesday the Justice Department told Trump he was mentioned in the Epstein files—a claim Musk made amid his fallout with Trump last month, but has not mentioned it again in the wake of the Journal report. The Wall Street Journal reported Wednesday that Attorney General Pam Bondi told Trump in May his name appeared in the documents multiple times, citing unnamed senior administration officials. Trump's ties to Epstein are garnering renewed attention as the president has urged his supporters to move on from the controversy amid backlash over the Justice Department's refusal to release the Epstein documents. The Journal also revealed last week that Trump sent Epstein a sexually suggestive 50th birthday card in 2003 that referenced a 'wonderful secret' the two share. Trump denied writing the card and sued the Journal over the report. His spokesperson Steven Cheung called Wednesday's report that Bondi told him he was in the files 'another fake news story.' Key Background Musk and Trump's months-long friendship devolved into an explosive breakup in June shortly after Musk ended his role leading the Department of Government Efficiency. Musk's primary criticism of Trump was the amount his signature policy bill would add to the government debt, though Musk has also repeatedly trolled Trump over the Epstein files. Musk suggested House Speaker Mike Johnson, R-La., called an early recess in Congress earlier this week to avoid a vote whether to release the Epstein files because Trump might be in them, tweeting there is 'only one reason' to avoid the vote. Earlier this month, after the Justice Department said it wouldn't release any additional Epstein files, Musk called the move a 'cover up (obviously)' because 'many powerful people want that list suppressed.' Musk Claimed Trump Was In The Epstein Files In June—And Has Trolled Him Ever Since (Forbes) Here's Every Known Link Between Trump And Epstein: 'Little Black Book', Plane Rides And Trump's 1993 Wedding (Forbes) Everything Trump Has Done That Critics Say Is Meant To Distract From Epstein Scandal (Forbes)
Daily Mail
6 days ago
- Business
- Daily Mail
Trump fires back at reports he's trying to 'destroy' Elon Musk's companies after their falling out
Trump fires back at reports he's trying to 'destroy' Elon Musk's companies after their falling out President Donald Trump shot back at reports that he will try to destroy the companies of former best friend Elon Musk, clarifying his intent when it comes to the world's richest man. Trump had previously threatened to take away the billions in government contracts that Musk's various companies hold. The duo had a very public fallout over Trump's one big beautiful bill, which resulted in each man making threats against the other. But the president now says he wants Musk to 'thrive.' 'Everyone is stating that I will destroy Elon's companies by taking away some, if not all, of the large scale subsidies he receives from the U.S. Government. This is not so!,' the president wrote on Truth Social. 'I want Elon, and all businesses within our Country, to THRIVE, in fact, THRIVE like never before! The better they do, the better the USA does, and that's good for all of us,' Trump wrote. The clarification came after White House press secretary Karoline Leavitt was asked in her briefing on Wednesday if Trump supports federal agencies contracting with Musk's artificial intelligence company, xAI. 'I don't think so, no,' she replied and then added she would speak to the president about the matter. xAI won a contract for up to $200 million with the Department of Defense, alongside Anthropic, Google and OpenAI, last week. President Donald Trump said he wants Elon Musk to 'thrive' Additionally, this week, xAI unveiled a suite of products for U.S. government customers, which it refers to as Grok for Government. Trump and Musk have had a hot and cold relationship since the Tesla founder left government service in May. After his departure, Musk publicly turned on Trump's signature bill, complaining it would increase the country's debt and undo much of the savings his Department of Government Efficiency had sought. Trump was furious at Musk's public criticism and, at one point, responded: 'The easiest way to save money in our Budget, Billions and Billions of Dollars, is to terminate Elon's Governmental Subsidies and Contracts.' He also threatened to deport Musk, who was born in South Africa and is a naturalized American. Elon Musk and Donald Trump in happier times - before their very public falling out Earlier this month Trump added an additional threat: turning DOGE - the agency Musk founded - against him. 'I don't know. We'll have to take a look,' the president told Daily Mail when asked about deporting Musk. 'We might have to put DOGE on Elon. You know what DOGE is? DOGE is the monster that might have to go back and eat Elon,' Trump added. Musk, for his part, threatened to start a third political party to go after Republican candidates and posted on his X account that the reason the Jeffrey Epstein files hadn't been released because Trump is in them. He later took that post down.
Wall Street Journal
21-07-2025
- Business
- Wall Street Journal
TNB Tech Minute: Trump Aides Find Most SpaceX Contracts Vital - Tech News Briefing
Full Transcript This transcript was prepared by a transcription service. This version may not be in its final form and may be updated. Charlotte Gartenberg: Here's your TNB Tech Minute for Monday, July 21st. I'm Charlotte Gartenberg for the Wall Street Journal. We are exclusively reporting that the Trump administration reviewed SpaceX's government contracts after a feud between the President and the rocket-maker's billionaire founder Elon Musk. That's according to people familiar with the matter. Officials discussed ending some of the company's multi-billion dollar agreements with the government, but found most were vital to the Defense Department and NASA. A White House official said the review of government contracts focused on a range of government companies with lucrative government contracts. Musk and SpaceX didn't respond to requests for comment. In April, said it would hold the line on prices. The Journal's analysis of prices from e-commerce data firm Traject Data found that Amazon's prices rose on 1,200 of its cheapest household goods while competitor Walmart lowered prices on the same items by nearly 2%. The divergent strategies show how major retailers are reshaping prices on popular products as uncertainty about tariffs drags on. Amazon said the products tracked by the Journal weren't representative of the company's prices overall. Manufacturers of several of the products that became more expensive on Amazon say they haven't raised the prices they charge retailers. And finally, some NASA employees fear changes rippling through the agency will undermine safety during human space missions. Nearly 300 people, including former employees of the National Aeronautics and Space Administration put that concern in a letter to the agency's acting leader, Sean Duffy, saying that a lack of free-flowing discussions could erode safe crew operations. The letter references the Columbia disaster in 2003 that killed seven crew members urges the agency to avoid repeating past communication failures and highlights internal policy directives, supporting open discussions and alternative viewpoints within NASA. And that's a wrap on your TNB Tech Minute. For a deeper dive into what's happening in tech, check out our Tech News Briefing Podcast on Tuesdays and Fridays.
