What is Section 1498 patent immunity?

It lets government contractors off the hook for infringement if authorized by Uncle Sam—sue the feds instead, in Claims Court.

Can SBIR patent holders block government subcontracts?

No. Section 638 pushes Phase III to originators, but violations mean bid protests, not infringement suits.

Yes, if no commercial profit and tied to authorized government use—like testing for NASA.

©️ IP & Copyright

A dusty rotor spins on Mars, but back home, inventors' dreams crash. CAFC just slammed the door on a patent suit against Ingenuity's builder.

theAIcatchup Apr 09, 2026 4 min read

CAFC affirms AeroVironment's full immunity under Section 1498 for Ingenuity Mars helicopter. 𝕏
SBIR Phase III claims don't override patent venue rules—bid protests only. 𝕏
Even terrestrial prototypes qualify if government consents, no profits involved. 𝕏

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#CAFC ruling #Ingenuity helicopter #SBIR contracts #Section 1498 #patent infringement

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Originally reported by IPWatchdog