The Pentagon faces persistent challenges in acquiring and managing intellectual property (IP) rights for weapon systems, hampering its ability to repair, maintain, and modernize critical military assets, according to a new report from the Government Accountability Office (GAO).
The report explains that some programs within the Defense Department (DOD) – which the Trump administration has rebranded as the Department of War – often fall short in planning for IP and data rights needed during the sustainment phase of weapon systems.
Although DOD policy requires programs to prepare IP strategies early in the acquisition process, current policy does not fully address the unique needs of systems already in sustainment. Specifically, none of the five programs reviewed by GAO fully met DOD’s policy requirements for IP strategies.
These shortfalls can lead to limited access to technical data and software necessary for independent maintenance, driving up costs and delaying repairs due to reliance on single vendors, a condition referred to as “vendor lock.” GAO noted that such dependency limits the government’s ability to compete sustainment work or perform it in-house.
“Without sufficient data rights, DOD programs may be unable to effectively manage their systems, increasing costs and reducing readiness,” the report says.
The federal watchdog noted that although some DOD components have created tools to review the large volumes of data deliverables from contractors, those efforts lack department-wide coordination. Inconsistent funding has also limited their effectiveness, leaving program staff with ongoing challenges in verifying the completeness and accuracy of the data they receive.
The report also highlights differing interpretations between DOD and contractors over what IP is covered under existing contracts, often leading to disputes that can impede sustainment operations.
Statutory rights allow DOD unlimited use of certain data needed for operations, maintenance, installation, and training (OMIT), but exclude detailed manufacturing or process data. This exclusion can make it difficult for the government to perform key maintenance tasks without contractor involvement.
GAO recommended that Congress consider clarifying the legal treatment of detailed manufacturing or process data needed for OMIT to provide the DOD with greater flexibility in sustainment. The report also recommended that DOD improve IP planning guidance for programs in sustainment, assess and coordinate tools used to review data deliverables, and ensure programs are aware of available options to address data rights gaps.
DOD concurred with GAO’s recommendations.