Department of Defense’s Proposed Rule Would Change SBIR/STTR Data Rights and Markings Rules

Seyfarth – On December 19, 2022, the Department of Defense issued a proposed rule seeking to amend the Defense Federal Acquisition Regulation Supplement to implement the data rights portions of recent Small Business Innovation Research Program and Small Business Technology Transfer Program Policy Directive, which emphasizes the need to protect the intellectual property interests of small businesses. In addition to addressing the small business directives, the proposed rule seeks to update markings requirements related to (1) small business data rights and (2) concerns raised by a recent Federal Circuit decision.