When the Government Authorizes Patent Use, Who Gets Sued? Understanding the § 1498 Contractor Shield

28 U.S.C. §1498 can shield federal contractors from ordinary patent infringement suits when patented technology is used or manufactured for the Government with Government authorization or consent. The Federal Circuit’s Arlton decision confirms broad protection for Government-related activity but leaves important questions involving dual-use technology and commercial exploitation. Contractors should understand the shield before relying on it.

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