MIL-HDBK-115B(ARMY) APPENDIX B
published without proprietary legends, any proprietary character is lost and the Government may use data with unlimited rights, which includes "breakout" of items. Where a contract stipulates an option for unlimited data rights or indicates substantial research and development (R&D) at Government expense, the Government may acquire unlimited rights in the item, component or system.
B.2.1.2 Limited rights. This is the basic DOD policy which requires a contractor to furnish all technical data which is designed for delivery under the contract terms, but permits the contractor to protect his legend. The burden falls upon the contractor to identify every piece or page of data to which he asserts a proprietary claim. The limited rights policy allows the Government to use data internally (i.e., for maintenance, repair, or operation of equipment) but does not give the Government the right to use or disclose data to anyone for purposes of manufacture, breakout, or reprocurement, if a proper legend is affixed to the drawing.
B.2.1.3 Proprietary data. This is technical data which embodies trade secrets developed at private expense, such as design procedures or techniques, chemical composition or materials, or manufacturing methods, processes, or treatments, including minor modifications thereof, provided that such data:
a. Is not generally known or available from other sources without obligation concerning their confidentiality;
b. Has not been made available by the owner to others without obligation concerning its confidentiality; and
c. Is not already available to the Government without obligation concerning their confidentiality.
B.2.1.4 "Form, fit, and function" data. This is technical data pertaining to end- items, components, or processes for the purposes of identifying sources, size, configuration, mating, and attachment characteristics, functional characteristics, and performance requirements (i.e., specification control drawings, envelope drawings, etc.). DAR/FAR policy states that form, fit, and function data should be furnished without any proprietary legends.
B.2.1.5 Patent. A patent is a right granted to an inventor by the Government to exclude others from making, using, or selling his/her invention to the public for a period of
17 years (extensions are permitted only in certain areas). Whoever invents any new process, item or composition of matter (includes micro-organisms), may obtain a patent. An issued patent contains the specifications and drawings submitted with the patent application. This patent right is not the positive right of the inventor to make, use, or sell the invention, but a grant to exclude others from so doing. All the inventor obtains is the right to sue.
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