MIL-HDBK-115B(ARMY)
d. The organization performing the reverse engineering efforts does not have any employees who were recently employed by the manufacturer of the part, and those examining the item must not have had access to proprietary data; and
e. Visits to the manufacturer's plant are not made by any personnel involved in the actual performance of reverse engineering.
4.4.2 Data screening. All documentation delivered for reverse engineering purposes must be carefully screened by the Government/Tasking Agency prior to delivery, to ensure that no restricted or proprietary data is included. Any additional data subsequently requested by reverse engineering personnel from sole-source or prime vendors must be delivered via the Government/Tasking Agency to preclude inadvertent access to restricted or proprietary data. The technical data developed through reverse engineering should be delivered to the Government with "unlimited rights." When a subassembly has been reverse engineered and one or more pieces within the subassembly remain sole source for economic or other reasons, it/they remain as limited rights piece(s). Unauthorized disclosure or access to proprietary data for competitive procurement purposes disqualifies the candidate from reverse engineering. In the case where the reverse engineering effort is performed by contractor support, if the contractor gains access to restricted data concerning a specific candidate, the contractor is liable if he performs reverse engineering function for that candidate. However, the Government may select a different contractor who has not had access to the restricted data to perform the reverse engineering function for the candidate in question.
4.4.3 Formal authorization. Reverse engineering candidates with existing patents require formal Government authorization for the contractor to reverse engineer such items (including piece-parts or components). This formal authorization must include the official (dated) 'Authorization and Consent' clause (see Appendix B).
4.4.4 Patent restrictions. Reverse engineering candidates with "Patents Pending" or "Patents Applied For" also require formal Government authorization for the contractor to reverse engineer such items (See
'Authorization and Consent' clause - Appendix B). Patent restrictions are of no force and effect until a patent is actually issued, and many patents take years to be formally issued. Each case should be individually examined with respect to patent status. Appendix B provides detailed information concerning data rights and includes samples of valid restrictive or proprietary legends.
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