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Interim Internal Purchasing Guidelines > 8 Patents and Data Rights
8 Patents and Data Rights
8.1.1 Acquiring Intellectual Property Rights
8.1.1.a General. Patents, copyrights, and other rights in data are valuable intellectual
property. The Postal Service acquires patents, copyrights, and other rights in
data as necessary to:
1. Further its competitive and business objectives;
2. Enhance the competitive purchasing process;
3. Ensure the ability to use, maintain, repair, and modify equipment or
products procured under Postal Service contracts;
4. Recoup development costs of, and fund improvements in, Postal
Service products and equipment;
5. Develop products and equipment for Postal Service and public use; and
6. Protect its position in the commercial marketplace.
8.1.1.b Non-Impairment of Private Rights. The Postal Service's efforts directed
toward competition must not improperly demand or use data relating to
privately developed intellectual property rights. The Postal Service complies
with applicable laws regarding intellectual property rights. The Postal Service,
however, will not refuse to award a contract on the grounds that the
prospective supplier might infringe a patent (see 8.2.3).
8.1.1.c Commercial Application. The Postal Service encourages commercial
application of inventions made under its contracts consistent with its
expressed policies for acquisition of data rights and inventions.
8.1.1.d Indemnification for Use of Private Patents for Commercial Items. The Postal
Service seeks indemnification for a supplier's use of private patents when the
supplies or services procured are sold in the commercial open market.
8.1.1.e Claims Against U.S. Postal Service. Suppliers must protect the Postal
Service against claims resulting from suppliers' use of data not supplied by
the Postal Service.
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