David Woroner, of Survival Consultants International,LLC. in the West Palm Beach, Florida Area posted the following question to the 8-PAC Small Business Discussion Group:
“Can someone explain to me, why, if I have spent a lot of money, time effort, energy and patenting a “specific” technology, that every time I approach one branch or another, they simply think I’m going to sign over the “rights” to said technology, no contracts, no anything……..?” I got soured with the Govt. after they had the gall to first put us through the “wringer” and when we came out the other side up to snuff, they still wanted all the rights.
Dave – Thank you for your question. Since you represent a very important subset of the small business community – “real inventors”, and one that this question is not necessarily relevant to; I want to respond to you directly.
I think if you research it a little, you will discover that the government has been fairly transparent in it’s motives to date; As the largest global purchaser of products and services, it leverages it’s capacity to obtain tangible and intangible assets as cheaply as the market will bare in order to bolster it’s own balance sheet. And further, you should be happy that it takes this position because, after all; the government represents you.
In other words, since you are trying to sell your capability to yourself; would you expect anything less? After all, what type of commercial “being” would you be if you did not drive a hard bargain – can anyone say “GSA Schedule?”.
I am being somewhat antagonistic, but I hope you see my point.
My advice: When negotiating the sale of intellectual property (patent) based assets with the US Government – seek representation by a law firm with a DC address.
