Sec. 263. Intellectual property strategy
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The Secretary of Defense, in coordination with the Under Secretary of Defense for Research and Engineering, shall develop and implement an intellectual property strategy to enhance the ability of the Department of Defense to procure emerging capabilities and technologies as described in subsection (b). The strategy under subsection
(a)shall include the following: Plans for using intellectual property to enhance the ability of the Department of Defense to innovate and invest in new warfighting capabilities to outpace adversaries of the United States in the areas of new and emerging technology. Recommendations on the use of intellectual property and its purpose and benefits— within research and engineering programs of the Department; and in the context of strategic competition, including in hybrid warfare and deterrence. Strategies for promoting and encouraging members of the Armed Forces to create and produce new tools and technologies for the Department. Concepts and actionable steps for accelerating, to the extent practicable, the procurement and fielding of emerging capabilities and technologies. Methods for encouraging innovation, solutions that scale, and the use of patents across the Department of Defense by establishing an integrated, cross-service approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies. Steps to implement measures to protect against the theft of intellectual property. Enforcement mechanisms to ensure intellectual property rights are protected. A report on total cost on an annual basis to procure technical data that the Government could eventually use, as needed and depending upon the circumstances, to promote vendor competition and increase Government control over specific elements of sustainment. The strategy under subsection
(a)may include the following: Identification of how intellectual property may be used to enhance the innovation capabilities of the Department of Defense to neutralize the effects of intellectual property theft by competitors of the United States. An innovation warfare strategy to promote the creation of new and emerging technologies to secure the dominant economic and security position of the United States against adversaries, which may include strategies to— further develop the technological base of the Department of Defense and create intellectual property security tools needed to outpace adversaries and prevent technological overmatch; develop machine learning tools to identify possible future technologies; ensure that Federal research and development spending spur innovation as directed in the 2022 National Defense Strategy; secure positions that give the United States strategic advantages with respect to the acquisition, procurement, distribution, and protection of new and emerging technologies; and identity and develop cross-functional capabilities— for the implementation of the strategy under subsection (a); and to facilitate the coordination of efforts to the extent feasible. Guidance to link priorities, goals, and investments with respect to intellectual property rights with individuals and entities that are critical to the functioning of specific programs of the Department of Defense, including by— developing and reinforcing relationships with academia, the acquisition workforce (as defined in section 101 of title 10, United States Code), the defense industry, and the commercial sector to create scalable solutions that are protected through intellectual property rights; developing a marketing strategy to make members of a covered Armed Force aware that the members may be able to patent inventions the members create while serving; and identifying funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government without which defense capabilities would be severely degraded. Methods to support the coordination of acquisition priorities, programs, and timelines to meet requirements and security objectives of each covered Armed Force and the combatant commands with the research and engineering activities of the Department. Recommendations for changes to statute, regulations, or policies to support the achievement of the goals set forth in the strategy. Processes to inform senior leaders of the Department and Members of Congress of the potential effects of the intellectual property strategy on the development of policies and regulations guiding strategic competition with adversaries of the United States in the military and technology domains. Methods to support the efficient implementation of the strategy to address near-term, mid-term, and long-term capability gaps, with an emphasis on spurring innovation and overcoming, to the extent practicable, the gap between the research and development of emerging capabilities and technologies and the procurement and fielding of such capabilities and technologies. Methods to support the issuance and enforcement of patents within the Department of Defense. An assessment the potential supporting roles of military education institutions and science and technology reinvention laboratories (as designated under section 4121(b) of title 10, United States Code), including roles relating to encouraging innovation, raising awareness of intellectual property rights , and the conceptualization, development, testing, and implementation of innovative solutions for emerging capabilities and technologies. The Secretary of Defense shall ensure that the strategy developed under subsection
(a)aligns with the National Defense Strategy under section 113(g) of title 10, United States Code. Not later than February 1, 2024, the Secretary of Defense, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the intellectual property strategy developed under subsection (a). In this section: The term covered Armed Force means the Army, Navy, Air Force, Marine Corps, or Space Force. The term intellectual property has the meaning given the term IP in Department of Defense Instruction 5010.44 titled Intellectual Property
(IP)Acquisition and Licensing (issued October 16, 2019). The term intellectual property rights has the meaning given the term IP rights in Department of Defense Instruction 5010.44 titled Intellectual Property
(IP)Acquisition and Licensing (issued October 16, 2019).