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10 U.S.C. § 3791 — Management of intellectual property matters within the Department of Defense
Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy Required.—** The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop policy on the acquisition or licensing of intellectual property—
(1) to enable coordination and consistency across the military departments and the Department of Defense in strategies for acquiring or licensing intellectual property and communicating with industry;
(2) to ensure that program managers are aware of the rights afforded the Federal Government and contractors in intellectual property and that program managers fully consider and use all available techniques and best practices for acquiring or licensing intellectual property early in the acquisition process; and
(3) to encourage customized intellectual property strategies for each system based on, at a minimum, the unique characteristics of the system and its components, the product support strategy for the system, the organic industrial base strategy of the military department concerned, and the commercial market.
**(b) Cadre of Intellectual Property Experts.—** For a provision requiring establishment of a cadre of personnel who are experts in intellectual property matters, see [section 1707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1707&num=0&edition=prelim).
**(c) Guidelines and Resources.—**
(1) **In general.—** — The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop guidelines and resources on the acquisition or licensing of intellectual property, including—
(A) intellectual property strategies and other mechanisms supporting the use of modular open system approaches (as defined in [section 4401(b) of this title](https://uscode.house.gov/view
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Source file: Laws/federal/codes/united-states-code/title-10/section-3791-management-of-intellectual-property-matters-within-the-department-of-def--100038fa92.md
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Source location: Title 10, Chapter 275, § 3791; chapter-275-proprietary-contractor-data-and-rights-in-technical-data.md
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**(a) Policy Required.—** The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop policy on the acquisition or licensing of intellectual property—
(1) to enable coordination and consistency across the military departments and the Department of Defense in strategies for acquiring or licensing intellectual property and communicating with industry;
(2) to ensure that program managers are aware of the rights afforded the Federal Government and contractors in intellectual property and that program managers fully consider and use all available techniques and best practices for acquiring or licensing intellectual property early in the acquisition process; and
(3) to encourage customized intellectual property strategies for each system based on, at a minimum, the unique characteristics of the system and its components, the product support strategy for the system, the organic industrial base strategy of the military department concerned, and the commercial market.
**(b) Cadre of Intellectual Property Experts.—** For a provision requiring establishment of a cadre of personnel who are experts in intellectual property matters, see [section 1707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1707&num=0&edition=prelim).
**(c) Guidelines and Resources.—**
(1) **In general.—** — The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop guidelines and resources on the acquisition or licensing of intellectual property, including—
(A) intellectual property strategies and other mechanisms supporting the use of modular open system approaches (as defined in [section 4401(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4401/b&num=0&edition=prelim));
(B) evaluation and negotiation of intellectual property licenses in competitive and non-competitive awards;
(C) models and best practices for specially negotiated licenses, including specially negotiated licenses described in [section 3774(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3774/c&num=0&edition=prelim); and
(D) definitions, key terms, examples, and case studies that clarify differences between—
(i) detailed manufacturing and process data;
(ii) form, fit, and function data;
(iii) data required for operations, maintenance, installation, and training;
(iv) modular system interfaces (as defined in [section 4401(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4401/b&num=0&edition=prelim)); and
(v) technical data pertaining to an interface between an item or process and other items or processes necessary for the segregation of an item or process from, or the reintegration of that item or process (or a functionally equivalent item or process) with, other items or processes.
(2) **Guidelines and resources limit.—** — The guidelines and resources developed under paragraph (1) may not alter or affect any authority or duty under this section or [section 1707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1707&num=0&edition=prelim).
(3) **Review and consultation.—** — In developing the guidelines and resources described in paragraph (1), the Secretary shall—
(A) review the applicable statutory and regulatory history, including among the definitions and key terms in [section 3771 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3771&num=0&edition=prelim), to ensure consistency; and
(B) regularly consult with appropriate government and industry persons and organizations.
(4) **Training.—** — The Secretary of Defense shall ensure that the acquisition workforce receives training on the guidelines and resources developed under paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations Required.—**
(1) **In general.—** — The Secretary of Defense shall prescribe regulations to define the legitimate interest of the United States and of a contractor or subcontractor in technical data pertaining to an item or process. Such regulations shall be included in regulations of the Department of Defense prescribed as part of the Federal Acquisition Regulation.
(2) **Other rights not impaired.—** — Regulations prescribed under paragraph (1) may not impair—
(A) any right of the United States or of any contractor or subcontractor with respect to patents or copyrights or any other right in technical data otherwise established by law; or
(B) the right of a contractor or subcontractor to receive from a third party a fee or royalty for the use of technical data pertaining to an item or process developed exclusively at private expense by the contractor or subcontractor, except as otherwise specifically provided by law.
**(b) Required Provisions.—** Regulations prescribed under subsection (a) shall include the following provisions:
(1) **Development exclusively with federal funds.—** — In the case of an item or process that is developed by a contractor or subcontractor exclusively with Federal funds (other than an item or process developed under a contract or subcontract to which regulations under section 9(j)(2) of the Small Business Act ([15 U.S.C. 638(j)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638/j/2&num=0&edition=prelim)) apply), the United States shall have the unlimited right to—
(A) use technical data pertaining to the item or process; or
(B) release or disclose the technical data to persons outside the government or permit the use of the technical data by such persons.
(2) **Development ex
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3771
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of the military department concerned shall convene boards of inquiry at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under [section 1181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim) to show cause for retention on active duty should be retained on active duty. Each board of inquiry shall be composed of not less than three officers having the qualifications prescribed by [section 1187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1187&num=0&edition=prelim).
**(b)** A board of inquiry shall give a fair and impartial hearing to each officer required under [section 1181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim) to show cause for retention on active duty.
**(c)**
(1) If a board of inquiry determines that the officer has failed to establish that he should be retained on active duty, it shall recommend to the Secretary concerned that the officer not be retained on active duty.
(2) Under regulations prescribed by the Secretary concerned, an officer as to whom a board of inquiry makes a recommendation under paragraph (1) that the officer not be retained on active duty may be required to take leave pending the completion of the officer’s case under this chapter. The officer may be required to begin such leave at any time following the officer’s receipt of the report of the board of inquiry, including the board’s recommendation for removal from active duty, and the expiration of any period allowed for submission by the officer of a rebuttal to that report. The
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1182
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cadre.—** The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in intellectual property matters. The purpose of the cadre is to ensure a consistent, strategic, and highly knowledgeable approach to acquiring or licensing intellectual property by providing expert advice, assistance, and resources to the acquisition workforce on intellectual property matters, including acquiring or licensing intellectual property.
**(b) Leadership Structure.—** The Under Secretary—
(1) shall establish an appropriate leadership structure and office within which the cadre shall be managed; and
(2) shall determine the appropriate official to whom members of the cadre shall report.
**(c) Duties.—** The cadre of experts shall be assigned to a program office or an acquisition command within a military department to advise, assist, and provide resources to a program manager or portfolio acquisition executive on intellectual property matters at various stages of the life cycle of a system. In performing such duties, the experts shall—
(1) interpret and provide counsel on laws, regulations, and policies relating to intellectual property;
(2) advise and assist in the development of an acquisition strategy, product support strategy, and intellectual property strategy for a system;
(3) conduct or assist with financial analysis and valuation of intellectual property;
(4) assist in the drafting of a solicitation, contract, or other transaction;
(5) interact with or assist in interactions with contractors, including communications and negotiations with contractors on solicitations and awards; and
(6) conduct or assist with mediation if technical data delivered pursuant to a contract is
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1707
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 2560
TITLE 10—ARMED FORCES
§ 3791
all relevant technical data were acquired upon con-
tract award.’’
§ 3791. Management of intellectual property mat-
ters within the Department of Defense
(a) POLICY REQUIRED.—The Secretary of De-
fense, acting through the Under Secretary of De-
fense for Acquisition and Sustainment, shall de-
velop policy on the acquisition or licensing of
intellectual property—
(1) to enable coordination and consistency
across the military departments and the De-
partment of Defense in strategies for acquir-
ing or licensing intellectual property and com-
municating with industry;
(2) to ensure that program managers are
aware of the rights afforded the Federal Gov-
ernment and contractors in intellectual prop-
erty and that program managers fully con-
sider and use all available techniques and best
practices for acquiring or licensing intellec-
tual property early in the acquisition process;
and
(3) to encourage customized intellectual
property strategies for each system based on,
at a minimum, the unique characteristics of
the system and its components, the product
support strategy for the system, the organic
industrial base strategy of the military de-
partment concerned, and the commercial mar-
ket.
(b) CADRE
OF
INTELLECTUAL
PROPERTY
EX-
PERTS.—For a provision requiring establishment
of a cadre of personnel who are experts in intel-
lectual property matters, see section 1707 of this
title.
(c) GUIDELINES AND RESOURCES.—
(1) IN GENERAL.—The Secretary of Defense,
acting through the Under Secretary of Defense
for Acquisition and Sustainment, shall de-
velop guidelines and resources on the acquisi-
tion or licensing of intellectual property, in-
cluding—
(A) intellectual property strategies and
other mechanisms supporting the use
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3791
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.