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UIC Review of Intellectual Property Law

Authors

Daniel Larson

Abstract

The Department of Defense is currently entrenched in a procurement system that does not respect the intellectual property of its contractors. This, in turn, has led to research and development firms’ increasing reluctance to contract with the Department of Defense. As a result of this reluctance, the United States has increasingly relied upon weapons systems that, in many cases, have not significantly evolved since the Vietnam War. In order to revive the United States’ flagging military technology sector Congress should look to 28 U.S.C. § 1498 and provisions of the Bayh-Dole Act in order to encourage the private sector’s creation of defense-oriented innovations. The proposed changes would merely extend a modicum of protection to Department of Defense contractors, something that they don’t currently have. The goal of this proposal is to encourage innovation in our laboratories in order to ensure victory on the battlefield and the safe return of American soldiers from overseas.

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