MIL-HDBK-115 Us Army Reverse Engineering Handbook Guidelines And ProceduresThis HANDBOOK, which provides the guidelines and procedures for performing reverse engineering, was created using current applicable laws and knowledge gained during a trial program from July 1985 to April 1987, and is based on experiences obtained from military and industry participants. This handbook is for guidance only and cannot be cited as a requirement.

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MIL-HDBK-115B(ARMY) APPENDIX B

DATA RIGHTS

DEFINITIONS AND VALID LEGENDS

B.1 SCOPE

B.1.1 Scope. This appendix provides definitions and valid legends that should be included for formal authorization when reverse engineering candidates have existing patents(see 4.4.3).

B.1.2 Funding for development. If the item, component or process depicted by the technical data was developed by the contractor at Government expense, that results in "unlimited rights" to the Government for data involved.

a. The DOD regulations clearly indicate that 100% of R&D funding must be at private expense in order to resolve the data rights question in favor of the contractor.

b. In cases where there is an investment mix of private and Government funds, the data rights will not be allocated on a percentage basis. The data rights will be 100% "unlimited rights" to the Government.

c. If the Government funds modification of a portion of equipment with "limited" data rights, the Government will have "unlimited rights" to the technical data depicting only those enhancements, unless the modification is of such proportion that the original equipment is unrecognizable.

B.1.3 Challenges. There is no time limit on the Government's rights to challenge the contractor's use of a restrictive legend. The contractor must be notified in writing that he has 60 days in which to demonstrate that the markings are authorized. The contractor is obligated to prove that the limited rights legend is proper and in accordance with DAR/FAR regulations by providing records showing when the data was developed and that the contractor funded creation of the end-item for which the data was generated entirely at contractor expense.

B.1.4 Lack of restrictive legends. The lack of restrictive legends invalidates the proprietary claim and such unprotected data vests "unlimited rights" to the Government for the data involved.

B.2 DEFINITIONS

B.2.1 Definitions of data rights. The following definitions should be included to define the rights associated with technical data.

B.2.1.1 Unlimited rights. This means the Government has rights to use, duplicate or disclose technical data in whole or in part, in any manner and for any purpose whatsoever, including competitive procurement, and to have or permit others to do so. Where data is

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