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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 | 3 min read | 07.10.26

Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for Filing

In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule.  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline....