The Pentagon Wants Dual-Use Innovation. Patent Law Might Punish It.

A recent court ruling has created a major loophole in a century-old law that protects government contractors from patent lawsuits. The court decided this legal immunity only applies when the government is the direct consumer, not when it provides products like vaccines to the general public. This new interpretation poses a direct threat to innovative defense companies that create dual-use technologies for both government and commercial clients. Unless Congress intervenes, the very companies the Pentagon relies on for innovation could be punished by the business model they were encouraged to adopt.