DoD Releases Instruction 5010.44 Intellectual Property Acquisition and Licensing


The purpose of this new instruction is to establish policy and responsibility for the acquisition, licensing, and management of intellectual property. The policy stresses the importance of how the DOD acquires and licenses IP for its weapons and information systems and the effect this has on maintenance, sustainment and cost.  The DOD instruction directs each DOD program to have an IP strategy from the start and to ensure it is updated through the life-cycle of the product.  The instruction is not only concerned with what the DOD gets from the IP but states that the owners of the IP should be treated fairly.

DOD Instruction 5010.44 also establishes an IP Cadre within the Under Secretary of Defense for Acquisition and Sustainment.  The IP Cadre consists of experts in acquisition, licensing, and management that will provide leadership, guidance, and a consistent approach to IP across the Department. The IP Cadre will also assist and advise individual DOD components on issues related to IP.  The IP Cadre will work with the Defense Acquisition University to integrate IP related curricula. The IP Cadre will identify best practices, provide coordination and oversight to DOD organizations.  Where necessary to support assigned functions, the IP Cadre will have contact with organizations outside of the DOD to include congress, industry, and academia.

DOD component heads are directed to designate at least one office each, to coordinate with the IP Cadre.  The DOD components must also: ensure personnel understand the issues associated with IP acquisition and management, incorporate planning IP acquisition strategy as well as maintenance procedures, make consideration for types of IP, and communicate clearly with industry. DOD components are directed to use all available techniques and best practices to acquire IP, but emphasis is placed on open systems approach when feasible.

The changes as part of DOD Instruction 5010.44 have the potential to strengthen the DOD’s capabilities by investing in IP management across the life-cycle of its products, as well as, increase trust and cooperation between DOD and industry partners.

The full policy can be read here.

Topics: Acquisition, Manufacturing

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