Patent Law Constraints on Dual-Use Defense Innovation (warontherocks.com)

• Historical immunity under 28 U.S.C. § 1498 is under pressure.
• Dual-use tech blurs the lines of government contract protection.
• Legal risks discourage commercial firms from military partnership.

"The U.S. defense industrial base relies on 28 U.S.C. § 1498 to shield contractors from patent infringement litigation when producing equipment for the government. However, the rise of dual-use technology—innovations designed for both commercial and military purposes—is challenging this century-old immunity. As contractors integrate dual-use platforms, they risk exposure to civil patent suits that the statute may not cover. This creates a disincentive for tech firms to collaborate with the Pentagon on cutting-edge systems, potentially slowing the adoption of essential dual-use technologies for national and alliance security."