[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR27.104]

[Page 490]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 27_PATENTS, DATA, AND COPYRIGHTS--Table of Contents
 
                          Subpart 27.1_General
 
Sec.  27.104  General guidance.

    (a) The Government encourages the maximum practical commercial use 
of inventions made while performing Government contracts.
    (b) Generally, the Government will not refuse to award a contract on 
the grounds that the prospective contractor may infringe a patent.
    (c) Generally, the Government encourages the use of inventions in 
performing contracts and, by appropriate contract clauses, authorizes 
and consents to such use, even though the inventions may be covered by 
U.S. patents and indemnification against infringement may be 
appropriate.
    (d) Generally, the Government should be indemnified against 
infringement of U.S. patents resulting from performing contracts when 
the supplies or services acquired under the contracts normally are or 
have been sold or offered for sale by any supplier to the public in the 
commercial open market or are the same as such supplies or services with 
relatively minor modifications.
    (e) The Government acquires supplies or services on a competitive 
basis in accordance with part 6, but it is important that the efforts 
directed toward full and open competition not improperly demand or use 
data relating to private developments.
    (f) The Government honors the rights in data resulting from private 
developments and limits its demands for such rights to those essential 
for Government purposes.
    (g) The Government honors rights in patents, data, and copyrights, 
and complies with the stipulations of law in using or acquiring such 
rights.
    (h) Generally, the Government requires that contractors obtain 
permission from copyright owners before including privately-owned 
copyrighted works in data required to be delivered under Government 
contracts.

[49 FR 12974, Mar. 30, 1984, as amended at 50 FR 1743, Jan. 11, 1985; 50 
FR 52429, Dec. 23, 1985]