The source of funding issue is for "developed" data and software. The definition of "developed" is important because once completed, the source of funds for subsequent work is irrelevant to the determination of rights. Developed means the item or processes "exits and is workable". Its function and workability must be demonstrated by reaching the testing stage – merely designing an item or process is not considered sufficient to be developed. Once an item is "developed", the parties’ rights become fixed and the source of funds for later "enhancements" become irrelevant as to the original rights to an item, component, process or software program.

It is possible for different components of a single system to be subject to varying rights thus allowing a modification or subcomponent of an item to qualify for a different right than the data relating to the basic item itself. For technical data, a determination of source of funds may be made at "any practical sub-item or subcomponent level". The ability to segregate goes even further for software where a funds determination "should be made at the lowest practical segregable portion of the software or documentation" (e.g. a subroutine that performs a specific function).

{TAG_FORM_TITLE}