CRS 22,

To aid in incentivizing investment and development of warfighting solutions by the DIB, Congress could direct DOD to increase its protections of private sector IP rights. However, such protection could potentially limit DOD’s rights to the IP and technical data associated with weapon systems developed in whole or in part by private industry. Some implications include “vendor lock,” a situation where the government is effectively forced to continue working with the sole contractor who can provide or repair a specific part or piece of equipment. Some analysts argue that when DOD does not have IP rights, entities have minimal incentives to respond to government requirements for delivery and performance, and may not be willing to negotiate a fair and reasonable price for affected items. Further implications include issues associated with program upgrades and sustainment costs over the lengthening lifespans of some DOD weapon systems.