Marking Your Confidential Information

Why Do It?

By publishing, giving lectures, or otherwise describing the invention, these acts are known as disclosure under intellectual property laws and could lead to the loss of patent rights or the need to file for patent protection within 1 year.

Under United States law, proposals may be a form of public disclosure due to the Freedom of Information Act. If a proposal is marked with certain language your invention can be protected.

How To Do It

Copy and paste the following text as appropriate for method of information delivery.

Title Page Marking

“This proposal includes data that shall not be disclosed outside the government and shall not be duplicated, used, or disclosed-in whole or in part- for any purpose other than to evaluate this proposal. If however, a contract is awarded to this offeror as a result of – or in connection with– the submission of this data, the government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert page numbers or identifiers]”
 
Mark Each Page with Confidential Information
 
“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.”
 
Source: FAR 52.215-1
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