What should defense startup patents strategy look like?
Defense startups should understand that government-funded research often comes with government use rights attached to resulting patents, under the Bayh-Dole Act in the US or ministry contract conditions like the UK MOD's DEFCONs, and that export control regimes, ITAR and EAR in the US, the UK Export Control Order, and the EU Dual-Use Regulation, can restrict who can access technical details of certain inventions. Filing strategy should account for these constraints early, ideally with counsel experienced in both patent law and defense contracting.
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