The research digest begins by summarizing federal and state patent laws and then reviews the similarities and differences between the two. It also discusses and distinguishes patentability issues concerning inventions by contractors for federal contracts, federally funded state and local government contracts, and state and local government contracts sourced by state and local funds. The balance of the digest is dedicated to a thorough review of patent infringement on state and local government contracts and defenses in the performance of these contracts.

This digest will be useful to attorneys, transportation inventors and contractors, transportation officials, risk managers, planners, engineers, policy makers, students in transportation-related fields, and all persons interested in transportation patent rights and responsibilities.

STATUS: This study has been published as NCHRP Legal Research Digest 73.