MIL-HDBK-115B(ARMY) APPENDIX B
B.2.1.5.4 Clause used for supplies. The following clause is included in all contracts for supplies except when complete contract performance and delivery is to be outside the United States, its possessions, and Puerto Rico, or where the research and development clause is required. This clause is more restrictive than that for R&D contracts.
AUTHORIZATION AND CONSENT (date)
(a) The Government authorizes and consents to all use and manufacture, in performing this contract or any subcontract at any tier, of any invention described in and covered by a United States patent (1) embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract or (2) used in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a subcontractor with (i) specifications or written provisions forming a part of this contract or (ii) specific written instructions given by the Contracting Officer directing the manner of performance. The entire
liability to the Government for infringement of a patent of the United States should be determined solely by the provision of the indemnity clause, if
any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted.
(b) The Contractor agrees to include, and require inclusion of, this clause, suitably modified to identify the parties, in all subcontracts at any tier for supplies or services (including construction, architect-engineer services, and materials, supplies, models, samples, and design or testing services
expected to exceed $25,000; however, omission of this clause from any subcontract, under or over $25,000, does not affect this authorization.
NOTE: In contrast with patent legends, a restrictive-use legend on technical data claims rights in a trade secret or item developed by a company at private expense, which is not disclosed to the public.
Bottom Line. The patent right excludes others from manufacturing an invention already disclosed to the public, but the Government may infringe the patent. Proprietary rights in technical data are asserted by a restrictive-use legend to prevent disclosure of data applicable to an item which is either a trade secret or developed by a company at private expense. The DAR/FAR regulations prohibit disclosure of such data outside the Government.
B.2.1.6 Copyright. This is an exclusive privilege granted to an author to print, publish, or copy his literary, artistic, or intellectual productions. It is a right given to
authors in an effort to advance the arts. The copyright term is the life of the author plus 50- years after the author's death.
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