Legal Question in Intellectual Property in District of Columbia

U.S. Government claim to I.P. because of Strategic National Interests

Can the United States take control of a patented armor process which is being used on military vehicles and essentially allow the government sub-contracters to use this patent in the national interest. If so, what kind of payment can the inventor expect (above and beyond royalty agreements with the current government sub-contractor), in this case when said inventor is not a U.S. National nor is his firm registered in the United States.


Asked on 12/14/04, 7:17 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: U.S. Government claim to I.P. because of Strategic National Interests

The US Government can deny patents and impose secrecy orders on strategic inventions. But if the patent is issued, the government has to pay royalties to use it. The patentee cannot enjoin infringement, but can collect damages by filing suit in the U.S. Clourt of Federal Claims. We handle Court of Federl Claims cases and patent litigation generally, and would be glad to consult with you regarding the specifics of this matter.

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Answered on 12/14/04, 10:03 am


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