Technology Development

     The rules that apply to government contracts and grants, including rules under the Federal Acquisition Regulation (FAR), the Defense Federal Acquisition Regulation Supplement (DFARS), and under agency grant regulations, give government agencies certain rights over the technical data, software and inventions that are delivered to the government or that are developed during a contractor’s performance.  These rights may include the right to share information about the technology with other government agencies and support contractors.

     Consequently, technology companies expecting to deliver existing or new innovations under government contracts often may need to make arrangements with technology partners, sometimes even before they are awarded contracts or grants, to make sure technology rights are allocated properly.  For example, a potential subcontractor expecting to produce pre-existing technology may wish to limit a prime contractor's exposure to its technology and may wish to narrowly confine any rights it transfers only to those rights that the government acquires under the prime contract.  Government contractors also may need to enter into nondisclosure agreements with vendors, subcontractors, or other collaborators to ensure that proprietary information they share during contract performance are not disclosed to other parties.  The Amadeo Law Firm also helps clients allocate and protect rights in proprietary data, software, and other technology with carefully structured teaming, nondisclosure, licensing and technology transfer agreements.

     Government research and development programs like the SBA’s SBIR and STTR programs offer technology companies unique opportunities to generate or advance proprietary technological innovations with government funding that may meet the government’s technology needs and that also can be commercialized.  To enjoy these opportunities, however, government contractors often have to comply with the strict program requirements.  The Amadeo Law Firm has significant experience working with technology companies that are engaged in research under the programs like the SBIR and STTR programs and assist clients in meeting program requirements and in protecting the technologies funded by these programs.