§ 3793. Copyrights, patents, designs, etc.; acquisition

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 137, § 2386 · 70A Stat. 137

   Enacted · 10 U.S.C. § 3793

   Aug. 10, 1956, ch. 1041, 70A Stat. 137, § 2386

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 137, § 2386

2. 1960

   Pub. L. 86–726 § 3 · 74 Stat. 855

   Inserted · 10 U.S.C. § 3793

   Pub. L. 86–726 inserted “or copyrights” after “patents” in cl. (4)

   Source evidence

   Code amendment note
   Pub. L. 86–726 inserted “or copyrights” after “patents” in cl. (4).

   Enacted provision · exact public law section
   Sec. 3. Title 10, United States Code, section 2386(4), is amended by 70A Stat. 137. adding after “patents” the words “or copyrights”.

3. 1994

   Pub. L. 103–355 title III § 3063 · 108 Stat. 3243

   1. Added · 10 U.S.C. § 3793(3); 10 U.S.C. § 3793(4)

      Pub. L. 103–355 added pars. (3) and (4)

   2. Struck · 10 U.S.C. § 3793(3); 10 U.S.C. § 3793(4)

      Pub. L. 103–355 struck out former pars. (3) and (4) which read as follows:

   Source evidence

   Code amendment note
   Pars. (3), (4). Pub. L. 103–355 added pars. (3) and (4) and struck out former pars. (3) and (4) which read as follows:

   “(3) Designs, processes, and manufacturing data. “(4) Releases, before suit is brought, for past infringement of patents or copyrights.”

   Enacted provision · exact public law section
   SEC. 3063. DEPARTMENT OF DEFENSE ACQUISITION OF INTELLECTUAL PROPERTY RIGHTS. Section 2386 of title 10, United States Code, is amended by striking out paragraphs (3) and (4) and inserting in lieu thereof the following: “(3) Technical data and computer software. “(4) Releases for past infringement of patents or copyrights or for unauthorized use of technical data or computer software.”.

4. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title VIII § 813 · 110 Stat. 186

   1. Amended · 10 U.S.C. § 3793(3)

      Pub. L. 104–106 amended par. (3) generally

   2. Substituted · 10 U.S.C. § 3793(3)

      Pub. L. 104–106 substituting “Design and process data, technical data, and computer software” for “Technical data and computer software”

   Source evidence

   Code amendment note
   Par. (3). Pub. L. 104–106 amended par. (3) generally, substituting “Design and process data, technical data, and computer software” for “Technical data and computer software”.

   Enacted provision · exact public law section
   SEC. 813. USE OF FUNDS FOR ACQUISITION OF DESIGNS, PROCESSES, TECHNICAL DATA, AND COMPUTER SOFTWARE. Section 2386(3) of title 10, United States Code, is amended to read as follows: “(3) Design and process data, technical data, and computer software.”.

5. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1833 · 134 Stat. 3388

   Amended · 10 U.S.C. § 3793

   Pub. L. 116–283, § 1833(o)(2), as amended by Pub. L. 117–81, § 1701(b)(12)(B), renumbered section 2386 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1833(o)(2), as amended by Pub. L. 117–81, § 1701(b)(12)(B), renumbered section 2386 of this title as this section.

   Enacted provision · exact public law section
   SEC. 1833. PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA. (a) New Chapter.— (1) In general.— Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), 10 USC prec. 3771. is amended by striking chapter 275 and inserting the following: “CHAPTER 275— PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA “Subchapter Sec. “I.  Rights in Technical Data “II.  Validation of Proprietary Data Restrictions “III.  Other Provisions Relating to Proprietary Contractor Data and Rights in Technical Data “SUBCHAPTER I— RIGHTS IN TECHNICAL DATA “Sec. “3771. Rights in technical data: regulations. “3772. Rights in technical data: provisions required in contracts. “3773. Domestic business concerns: programs for replenishment parts. “3774. Major weapon systems and subsystems: long-term technical data needs. “3775. Definitions. “§ 3771. Rights in technical data: regulations “§ 3772. Rights in technical data: provisions required in contracts “§ 3773. Domestic business concerns: programs for replenishment parts “§ 3774. Major weapon systems and subsystems: long-term technical data needs “§ 3775. Definitions” . (2) Tables of chapters amendments.— The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, 10 USC prec. 101, prec. 3001. are amended by striking the item relating to chapter 275 and inserting the following new item: “275.  Proprietary Contractor Data and Rights in Technical Data (b) Transfer of Subsection (a) of Section 2320.— (1) Transfer.— Subsection (a) of section 2320 of title 10, United States Code, is transferred to section 3771 of such title, as added by subsection (a), inserted after the section heading, and amended by redesignating paragraphs (2) and (3) as subsections (b) and (c), respectively. (2) Internal redesignations and insertion of headings in new 3771(a).— Subsection (a) of such section, as so transferred and amended, is amended— (A) by striking “(1) The Secretary of” and inserting “ Regulations Required.— “(1) In general.— The Secretary of” ; and (B) by designating the third sentence as paragraph (2) and in that paragraph— (i) by striking “Such regulations may not” and inserting “Other rights not impaired.—Regulations prescribed under paragraph (1) may not”; (ii) by striking “impair any right of the” and inserting “impair— “(A) any right of the” ; and (iii) by striking “by law” and all that follows through “the right of a contractor” and inserting “by law; or “(B) the right of a contractor” . (3) Internal redesignations and insertion of headings in new 3771(b).— Subsection (b) of such section, as so transferred and redesignated, is amended— (A) by striking “Such regulations” and inserting “Required Provisions.—Regulations prescribed under subsection (a)”; (B) by redesignating subparagraphs (A) through (I) as paragraphs (1) through (9), respectively; (C) in paragraph (1), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; (D) in paragraph (2), as so redesignated, by striking “subparagraphs (C), (D), and (G)” and inserting “paragraphs (3), (4), and (7)”; (E) in paragraph (3), as so redesignated— (i) by striking “subparagraph (b).—Subparagraph (B) does not” and inserting “paragraph (2).—Paragraph (2) does not”; and (ii) by redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs (A), (B), (C), and (D), respectively; (F) in paragraph (4), as so redesignated— (i) by striking “subparagraph (b).—Notwithstanding subparagraph (B)” and inserting “paragraph(2).— Notwithstanding paragraph (2)”; (ii) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively; and (iii) in subparagraph (A), as so redesignated, by redesignating subclauses (I), (II), and (III) as clauses (i), (ii), and (iii), respectively; (G) in paragraph (5), as so redesignated— (i) by striking “Mixed funding.—Except as provided in subparagraphs (F) and (G),” and inserting “ Mixed funding.— “(A) In general.— Except as provided in paragraphs (6) and (7),” ; and (ii) by designating the second sentence as subparagraph (B), realigning that subparagraph 2 ems to the right, and inserting “Factors to be considered.—” before “The establishment of”; (H) in paragraph (6), as so redesignated, by striking “subparagraph (E)” and inserting “paragraph (5)”; (I) in paragraph (7), as so redesignated— (i) by striking “Mixed funding.—Notwithstanding subparagraphs (B) and (E)” and inserting “ Mixed funding. — “(A) Notwithstanding paragraphs (2) and (5)” ; (ii) by striking “section 2446a” and inserting “section 4401”; and (iii) by designating the second and third sentences as subparagraphs (B) and (C), respectively; (J) in paragraph (8), as so redesignated— (i) by inserting “Limitations on requirements related to contractor or subcontractor rights in technical data.—” before “A contractor or subcontractor”; (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; (iii) in subparagraph (A), as so redesignated, by redesignating subclauses (I), (II), and (III) as clauses (i), (ii), and (iii), respectively; (iv) in clause (i), as so redesignated, by striking “subparagraph (A)” and inserting “paragraph (1)”; (v) in clause (ii), as so redesignated, by striking “subparagraph (C)” and inserting “paragraph (3)”; (vi) in clause (iii), as so redesignated, by striking “subparagraph (D)” and inserting “paragraph (4)”; and (vii) in subparagraph (B), as so redesignated, by striking “subparagraph (B)” and inserting “paragraph (2)”; and (K) in paragraph (9), as so redesignated— (i) by inserting “Actions authorized if necessary to develop alternative sources of supply and manufacture.—” before “The Secretary of Defense”; (ii) by redesignating clauses (i), (ii), and (ii) as subparagraphs (A), (B), and (C), respectively; (iii) in subparagraph (A), as so redesignated, by striking “subparagraph (C) or (D)” and inserting “paragraph (3) or (4)”; and (iv) in subparagraph (B), as so redesignated, by striking “this section” and inserting “this subchapter”. (4) Internal redesignations and insertion of headings in new 3771(c).— Subsection (c) of such section, as so transferred and redesignated, is amended— (A) by inserting “Secretary of Defense to Define Terms.—” before “The Secretary of”; (B) by striking “paragraph (1)” and inserting “subsection (a)”; (C) by striking “the Secretary shall specify” and inserting “the Secretary— “(1) shall specify” ; (D) by striking “treated and shall specify” and inserting “treated; and “(2) shall specify” ; and (E) by striking “this paragraph” and inserting “this subsection”. (c) Transfer of Subsections (b) and (c) of Section 2320.— (1) Transfer.— Subsections (b) and (c) of section 2320 of title 10, United States Code, are transferred to section 3772 of such title, as added by subsection (a), inserted after the section heading, and redesignated as subsections (a) and (b), respectively. (2) Internal redesignations and insertion of headings in new 3772(a).— Subsection (a) of such section, as so transferred and redesignated, is amended— (A) by inserting “Contract Provisions Relating to Technical Data.—” before “Regulations prescribed under”; (B) by striking “subsection (a)” and inserting “section 3771 of this title”; (C) by striking “section 2303” and inserting “section 3063”; (D) in paragraph (1), by striking “section 2321(f)” and inserting “section 3784”; (E) in paragraph (6)— (i) by striking “the contractor to revise” and inserting “the contractor— “(A) to revise” ; and (ii) by striking “the contract and to deliver” and inserting “the contract; and “(B) to deliver” ; (F) in paragraph (7)— (i) by striking “is found to be” and inserting “is found— “(A) to be” ; and (ii) by striking “or inadequate or to not” and inserting “or inadequate; or “(B) to not” ; (G) in paragraph (9)(B)(ii), by striking “subparagraphs (D)(i)(II), (F), and (G) of subsection (a)(2)” and inserting “paragraphs (4)(A)(ii), (6), and (7) of section 3771(b) of this title”; and (H) in paragraph (10), by striking “section 2321(d)” and inserting “section 3782”. (3) Internal redesignations in new 3772(b).— Subsection (b) of such section, as so transferred and redesignated, is amended— (A) by striking “in this section or in section 2305(a)” and inserting “in this subchapter or in section 3208”; and (B) in paragraph (2), by striking “subsection (a)” and inserting “section 3771 of this title”. (d) Transfer of Subsection (d) of Section 2320.— Subsection (d) of section 2320 of title 10, United States Code, is transferred to section 3773 of such title, as added by subsection (a), inserted after the section heading, and amended— (1) by striking the subsection designation; and (2) by striking “this subsection” and inserting “this section”. (e) Transfer of Subsection (e) and (f) of Section 2320.— (1) Transfer.— Subsections (e) and (f) of section 2320 of title 10, United States Code, are transferred to section 3774 of such title, as added by subsection (a), inserted after the section heading, and redesigned as subsections (a) and (c), respectively. (2) Designation of new 3774(b).— The third sentence of subsection (a) of such section, as so transferred and redesignated, is designated as subsection (b). (3) Amendments to new 3774(a).— Subsection (a) of such section, as so amended, is further amended— (A) by striking “The Secretary of Defense shall require” and inserting “ Assessments and Acquisitions Strategies.— “(1) The Secretary of Defense shall require” ; (B) by designating the second sentence as paragraph (2); (C) in paragraph (1), as designated by subparagraph (A)— (i) by striking “to assess the long-term” and inserting “to— “(A) assess the long-term” ; and (ii) by striking “systems and subsystems and establish” and inserting “systems and subsystems; and “(B) establish” ; and (D) in paragraph (2), as designated by subparagraph (B)— (i) by striking “may include the development” and inserting “may include— “(A) the development” ; and (ii) by striking “Department of Defense or competition for” and inserting “Department of Defense; or “(B) competition for” . (4) Amendments to new 3774(b).— Subsection (b) of such section, as designated by paragraph (2), is amended— (A) by inserting “Requirements Relating to Assessments and Acquisition Strategies.—” before “Assessments and corresponding”; and (B) by striking “developed under” and all that follows through “with respect to” and inserting “developed under subsection (a) with respect to”. (5) Amendments to new 3774(c).— Subsection (c) of such section, as redesignated by paragraph (1), is amended— (A) by striking “Licenses.—The Secretary” and inserting “ Licenses.— “(1) The Secretary” ; (B) by designating the second sentence as paragraph (2); and (C) in paragraph (2), as so designated, by striking “subsection (e)” and inserting “subsection (a)”. (f) Transfer of Subsection (g) and (h) of Section 2320.— (1) Transfer.— Subsections (g) and (h) of section 2320 of title 10, United States Code, are transferred to section 3775 of such title, as added by subsection (a), inserted after the section heading, and redesigned as subsections (a) and (b), respectively. (2) Conforming amendments.— (A) Such subsections (a) and (b), as so transferred and redesignated, are each amended by striking “In this section,” and inserting “In this subchapter,”. (B) Such subsection (b) is amended by striking “section 2446a” and inserting “section 4401”. (g) New Subchapter.— Chapter 275 of title 10, United States Code, as added by subsection (a), is amended by adding at the end the following new subchapter: “SUBCHAPTER II— VALIDATION OF PROPRIETARY DATA RESTRICTIONS “Sec. “3781. Technical data: contractor justification for restrictions; review of restrictions. “3782. Technical data: challenges to contractor restrictions. “3783. Technical data: time for contractors to submit justifications. “3784. Technical data under contracts for commercial items: presumption of development exclusively at private expense. “3785. Technical data: decision by contracting officer; claims; rights and liability upon final disposition. “3786. Use or release restriction: definition. “§ 3781. Technical data: contractor justification for restrictions; review of restrictions “§ 3782. Technical data: challenges to contractor restrictions “§ 3783. Technical data: time for contractors to submit justifications “§ 3784. Technical data under contracts for commercial items: presumption of development exclusively at private expense “§ 3785. Technical data: decision by contracting officer; claims; rights and liability upon final disposition “§ 3786. Use or release restriction: definition” . (h) Transfer of Subsections (a), (b), and (c) of Section 2321.— (1) Transfer.— Subsections (a), (b), and (c) of section 2321 of title 10, United States Code, are transferred to section 3781 of such title, as added by subsection (g), and inserted after the section heading. (2) Conforming amendments to new 3781(a).— Subsection (a) of such section, as so transferred, is amended by striking “Contracts Covered by Section.—This section” and inserting “Contracts Covered by Subchapter.—This subchapter”. (3) Conforming amendments to new 3781(b).— Subsection (b) of such section, as so transferred, is amended— (A) by striking “this section” and inserting “this subchapter”; and (B) by striking “(as defined” and all that follows through “asserted” and inserting “(as defined in section 3786 of this title) asserted”. (4) Conforming amendments to new 3781(c).— Subsection (c) of such section, as so transferred, is amended— (A) by striking “Restrictions.—(1) The Secretary” and inserting “ Restrictions.— “(1) The Secretary” ; (B) in paragraph (1), by striking “this section” and inserting “this subchapter”; and (C) by realigning paragraph (2) 2 ems to the right. (i) Transfer of Subsection (d) of Section 2321.— (1) Transfer.— Subsection (d) of section 2321 of title 10, United States Code, is transferred to section 3782 of such title, as added by subsection (g), inserted after the section heading, and amended— (A) by striking the subsection designation and subsection heading; and (B) by redesignating paragraphs (1), (2), (3), and (4) as subsections (a), (b), (c), and (d), respectively. (2) Conforming amendments to new 3782(a).— Subsection (a) of such section 3782, as so transferred and redesignated, is amended— (A) by inserting “Challenges by Secretary of Defense.—” before “The Secretary of Defense”; (B) by striking “this section” and inserting “this subchapter”; and (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (3) Conforming amendments to new 3782(b).— Subsection (b) of such section 3782, as so transferred and redesignated, is amended— (A) by striking “(A) A challenge” and inserting “ Time Limit for Challenges; Exceptions.— “(1) A challenge” ; (B) by redesignating subparagraph (B) as paragraph (2) and realigning that paragraph 2 ems to the right; (C) in paragraph (1), as designated by subparagraph (A)— (i) by striking “paragraph (1)” and inserting “subsection (a)”; (ii) by striking “subparagraph (B)” and inserting “paragraph (2)”; and (iii) by redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs (A), (B), (C), and (D), respectively; and (D) in paragraph (2), as redesignated by subparagraph (B)— (i) by striking “subparagraph (A)” and inserting “paragraph (1)”; and (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively. (4) Conforming amendments to new 3782(c).— Subsection (c) of such section 3782, as so transferred and redesignated, is amended— (A) by inserting “Written Notice to Contractor or Subcontractor.—” before “If the Secretary”; (B) by striking “paragraph (1)” and inserting “subsection (a)”; (C) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (D) in paragraph (3), as so redesignated, by striking “paragraph (4)” and inserting “subsection (d)”. (5) Conforming amendments to new 3782(d).— Subsection (d) of such section 3782, as so transferred and redesignated, is amended— (A) by inserting “Justification.—” before “It is a justification”; (B) by striking “paragraph (1)” and inserting “subsection (a)”; (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (D) in paragraph (1), as so redesignated, by striking “this subsection” and inserting “this section”. (j) Transfer of Subsection (e) of Section 2321.— (1) Transfer.— Subsection (e) of section 2321 of title 10, United States Code, is transferred to section 3783 of such title, as added by subsection (g), inserted after the section heading, and amended by striking the subsection designation and subsection heading. (2) Designation of new subsections (a) and (b).— Such section, as so transferred and amended, is further amended— (A) by designating the first sentence as subsection (a) and inserting “Additional Time to Submit Justifications.—” before “If a contractor”; and (B) by designating the second sentence as subsection (b) and inserting “Multiple Challenges; Schedule of Responses.—” before “If a party”. (k) Transfer of Subsection (f) of Section 2321.— Subsection (f) of section 2321 of title 10, United States Code, is transferred to section 3784 of such title, as added by subsection (g), inserted after the section heading, and amended— (1) by striking the subsection designation and subsection heading; and (2) by striking “subsection (d)(3)” and inserting “section 3782(c) of this title”. (l) Transfer of Subsections (g), (h), and (i) of Section 2321.— (1) Transfer.— Subsections (g), (h), and (i) of section 2321 of title 10, United States Code, are transferred to section 3785 of such title, as added by subsection (g), inserted after the section heading, and redesignated as subsections (a), (b), and (c), respectively. (2) Conforming amendments to new 3785(a).— Subsection (a) of such section, as so transferred and redesignated, is amended— (A) by striking “subsection (d)(3)” both places it appears and inserting “section 3782(c) of this title”; (B) by striking “Officer.—(1) Upon failure” and inserting “ Officer.— “(1) Upon failure” ; and (C) by realigning paragraph (2) 2 ems to the right. (3) Conforming amendments to new 3785(c).— Subsection (c) of such section 3786, as so transferred and redesignated, is amended— (A) by striking “Disposition.—(1) If, upon final” and inserting “ Disposition.— “(1) If, upon final” ; and (B) by realigning paragraph (2) 2 ems to the right. (m) Transfer of Subsection (j) of Section 2321.— Subsection (j) of section 2321 of title 10, United States Code, is transferred to section 3786 of such title, as added by subsection (g), inserted after the section heading, and amended— (1) by striking the subsection designation and subsection heading; and (2) by striking “In this section” and inserting “In this subchapter”. (n) New Subchapter.— Chapter 275 of title 10, United States Code, as added by subsection (a), is amended by adding after subchapter II, as added by subsections (g), the following new subchapter: “SUBCHAPTER III— OTHER PROVISIONS RELATING TO PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA “Sec. “3791. Management of intellectual property matters within the Department of Defense. “3792. Technical data rights: non-FAR agreements. “3793. Copyrights, patents, designs, etc.; acquisition. “3794. Release of technical data under Freedom of Information Act: recovery of costs. “§ 3791. Management of intellectual property matters within the department of defense “(b) Cadre of Intellectual Property Experts.— For a provision requiring establishment of a cadre of personnel who are experts in intellectual property matters, see section 1707 of this title.” . (o) Transfers.— (1) Transfer of section 2322(a).— Subsection (a) of section 2322 of title 10, United States Code, is transferred to section 3791 of such title, as added by subsection (n), and inserted after the section heading. (2) Transfer of sections 2386 and 2328.— Section 2386 and 2328 of such title are transferred to subchapter III of chapter 275 of such title, as added by subsection (n), inserted (in that order) after section 3791, and redesignated as section 3793 and 3794, respectively. (p) Cross Reference Amendments.— Section 8687(a) of title 10, United States Code, is amended by striking “section 2320” each place it appears and inserting “subchapter I of chapter 275”.

   Effective date note
   Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

6 of 7 references resolved to an enrolled provision · 1 partial