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Galactic Foresight Required: NASA's Proposed Rule Limits Advance Waivers to Yet-to-Be-Conceived Inventions

Client Alert | less than 1 min read | 10.23.14

Earlier this month, NASA proposed to amend its patent regulations to require contractors requesting an advance waiver of the government's domestic rights in inventions made under a NASA contract to identify with specificity any inventions or classes of inventions that the contractor "believes will be made under the contract." Thus, in order to obtain an effective waiver, the contractor must predict what "inventions or classes of inventions" the contractor might make under aNASA contract, which, given the unpredictable nature of R&D efforts, may not cover the inventions that the contractor actually develops.


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Client Alert | 1 min read | 04.18.24

GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings

On March 15, 2024, the General Services Administration (GSA) issued Acquisition Letter MV-2024-01 providing guidance to GSA contracting officers on the use of upfront payments for acquisitions of cloud-based Software-as-a-Service (SaaS).  Specifically, this acquisition letter clarifies that despite statutory prohibitions against the use of “advance” payments outside of narrowly-prescribed circumstances, upfront payments for SaaS licenses do not constitute an “advance” payment subject to these restrictions when made under the following conditions:...