{
  "id": "ACQ-31",
  "category": "Intellectual property & technology transfer",
  "capability": "Use patented inventions for the government with compensation liability",
  "summary": "28 U.S.C. 1498 supplies a compensation remedy against the United States for patented inventions used/manufactured by or for it without license; contractor protection requires government authorization or consent.",
  "legal_basis": [
    {
      "citation": "28 U.S.C. §1498(a)-(c)",
      "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1498&num=0&edition=prelim",
      "kind": "statute",
      "note": "Primary statutory text; primary GovInfo baseline and amendment audit identified in research narrative."
    }
  ],
  "authority_holder": "United States acting through authorized program/contracting officials; Court of Federal Claims adjudicates compensation",
  "actor_chain": {
    "planner": [
      "Operational requirement owner; Service/component portfolio acquisition executive and program manager"
    ],
    "resource_owner": [
      "Sponsoring Service/component appropriations manager and comptroller"
    ],
    "approver": [
      "Service/component acquisition executive and authorized contracting authority, at applicable threshold"
    ],
    "executor": [
      "Warranted contracting officer and program manager"
    ],
    "partners": [
      "User command",
      "Counsel, fiscal, engineering, testing, logistics and security staff as applicable"
    ]
  },
  "actor_sources": [
    {
      "title": "P.L. 119-60 §1802 / 10 U.S.C. 1732 — portfolio plans, budgets, execution and reporting chain",
      "url": "https://www.govinfo.gov/content/pkg/PLAW-119publ60/html/PLAW-119publ60.htm"
    },
    {
      "title": "28 U.S.C. 1498 — authorization/consent and compensation remedy",
      "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1498&num=0&edition=prelim"
    }
  ],
  "requirements": [
    "Government use/manufacture or authorized/consented contractor use.",
    "Analyze patent, location and remedy prerequisites with IP counsel."
  ],
  "limits": [
    "Not confiscation of patent ownership or general permission for private-market sales.",
    "Does not compel access to trade secrets/technical data; claims arising in foreign countries excluded.",
    "Compensation is required; copyright has separate §1498(b) conditions."
  ],
  "funding": [
    "Plan for compensation exposure; funding and any settlement/judgment payment route require fiscal review."
  ],
  "coordination_path": "Program identifies government need → IP counsel compares license purchase and §1498 exposure → authorized contracting action → DOJ/Court of Federal Claims if disputed.",
  "availability": "Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.",
  "confidence": "High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.",
  "currentness": "GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation. OLRC indexed text dated 2026-09-17; no judicial expansion assumed.",
  "family": "Intellectual property and technology transfer",
  "mechanisms": [
    "Other statutory tools"
  ],
  "goal_ids": [
    "develop-technology"
  ],
  "office_links": [
    {
      "office_id": "counsel-award-officials",
      "role": "executor",
      "label": "Warranted contracting officer and program manager"
    }
  ]
}