YCC 7

Intellectual property (IP) policy/guidance finds direct support in the U.S. Constitution. Federal law, based on the Constitution, establishes federal IP policy (consistent with the Constitution). Implementing rules and regulations for contracts issued by a the federal government agency are set forth in the Federal Acquisition Regulations (FAR). These regulations include guidance concerning rights, duties and responsibilities for the creation of any patents, copyrights and/or trademarks. Alternatively, pre-existing trade secrets that are utilized in performance of a government contract are protected by state law on a state-by-state basis.

Each federal agency creates its own regulations further implementing the FAR regulations. At the Department of Defense (DOD), such implementing regulations are known as the Department of Defense FAR Supplement or DFAR. At NASA, the regulations are found in the NASA FAR Supplement or NFS. When an Agency like the Department of Defense is composed of components i.e., Departments of the Army, Navy, Air Force, each department has its own implementing regulations. All of the implementing regulations must be consistent with the FAR, which itself must be consistent with statute and ultimately with the Constitution.