What are the rules and regulations of intellectual property?
Applicable Statutory Authorities
Often, in light of the Freedom of Information Act (FOIA) codified in 5 USC 552, there is confusion about the government’s ability to withhold what amounts to proprietary information. Two statutes preempt the FOIA with regards to intellectual property.
When Reclamation has created IP that it wants to protect, 35 USC 205 allows the government to “withhold from disclosure to the public, information disclosing any invention in which the Federal Government owns or may own a right, title, or interest (including a nonexclusive license) for a reasonable time in order for a patent application to be filed."
When non-government entities share confidential information
with Reclamation, the Trade Secrets Act in 18 USC 1905 imposes stiff penalties
on any government employee“who publishes, divulges, discloses,
or makes known in any manner or to any extent not authorized by law any
information coming to him in the course his employment or official duties.”