Unlocking Innovation While Protecting National Security: DoD’s New Intellectual Property Guidebook
In April 2025, the Office of the Under Secretary of Defense for Acquisition and Sustainment released a comprehensive update to the Department of Defense's Intellectual Property (IP) Guidebook. The guidebook, designed for acquisition professionals, represents a critical step toward modernizing the way the U.S. military acquires and manages IP in a rapidly evolving technological landscape. At its core, the guidebook reinforces the importance of robust IP strategies (IPS) that promote innovation while protecting taxpayer investment and ensuring national defense capabilities.
The guidebook begins by framing IP not merely as a legal matter but as a strategic enabler for competition, return on investment (ROI), and warfighter readiness. IP delivers significant value to both the private sector—through proprietary technologies and monetization—and to the government, by supporting lifecycle cost control, sustainment flexibility, and mission assurance. However, the document also cautions that without early and deliberate planning, government programs can fall into "vendor-lock," where limited rights to technical data or software hinder future competition and innovation.
The guidebook introduces six core principles outlined in DoDI 5010.44, emphasizing early integration of IP planning into acquisition strategies, cross-functional collaboration, tailored licensing agreements, and transparent communication with industry. It clarifies common misconceptions—such as the belief that IP planning can wait until later phases or that data will automatically be available if funded—by stressing that delivery and rights must be explicitly required and contracted.
A major focus of the guidebook is the strategic use of IP rights to enable Modular Open Systems Approaches (MOSA). This business and engineering approach helps the DoD avoid overreliance on a single vendor by enabling system components to be competitively upgraded and sustained over time. The guidebook highlights the importance of identifying Modular System Interfaces (MSIs) and negotiating Government Purpose Rights or Specially Negotiated License Rights (SNLRs) to ensure long-term access and flexibility.
The guidebook also details the “doctrine of segregability,” which explains how IP rights should be parsed at the lowest feasible level of system architecture. This allows the government to isolate proprietary elements while ensuring broader system access. The result is a move away from a “Swiss cheese” IP landscape where gaps in rights impede competitive procurement and sustainment.
Additionally, the guide outlines the three funding scenarios—private, public, and mixed investment—and how each impacts the government’s default rights to technical data and computer software. It explains how acquisition professionals must pair funding sources with appropriate license terms, using tailored contract language and deliverable requirements such as Contract Data Requirements Lists (CDRLs).
Perhaps most importantly, the guidebook stresses the value of developing an IPS early in the acquisition lifecycle. It provides a structured approach for identifying data needs, connecting them to use cases, and incorporating those needs into acquisition planning, evaluation, and negotiations. The IPS is not static; it should evolve alongside the program and be updated to reflect changes in strategy, scope, or risk.
Disclaimer: This blog post is for general informational purposes only and is not guaranteed to be accurate or current. It does not constitute legal advice.
