[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: 48CFR27.304-2]

[Page 507-508]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 27_PATENTS, DATA, AND COPYRIGHTS--Table of Contents
 
          Subpart 27.3_Patent Rights Under Government Contracts
 
Sec.  27.304-2  Contracts placed by or for other Government agencies.

    The following procedures apply unless agency agreements provide 
otherwise:
    (a) When a Government agency requests another Government agency to 
award a contract on its behalf, the request should explain any special 
circumstances surrounding the contract and specify and furnish the 
patent rights clause to be used. Normally, the clause will be in 
accordance with the policies and procedures of this subpart. If, 
however, the request states that a clause of the requesting agency is 
required (e.g., because of statutory requirements, a deviation, or 
exceptional circumstances) that clause shall be used rather than those 
of this subpart.
    (1) If the request states that an agency clause is required and the 
work to be performed under the contract is not severable and is funded 
wholly or in part by the agency, then that agency clause and no other 
patent rights clause shall be included in the contract.
    (2) If the request states that an agency clause is required, and the 
work to be performed under the contract is severable and is only in part 
for the requesting agency, then the work which is on behalf of the 
requesting agency shall be identified in the contract, and

[[Page 508]]

the agency clause shall be made applicable to that portion. In such 
situations, the remaining portion of the work (for the agency awarding 
the contract) shall likewise be identified and the appropriate patent 
rights clause (if required) shall be made applicable to that remaining 
portion.
    (3) If the request states that an agency clause is not required in 
any resulting contract, then the appropriate patent rights clause shall 
be used, if a patent rights clause is required.
    (b) Where use of the specified clause, or any modification, waiver, 
or omission of the Government's rights under any provisions therein, 
requires a written determination, the reporting of such determination, 
or a deviation, if any such acts are required in accordance with 
27.303(d)(2), it shall be the responsibility of the requesting agency to 
make such determination, submit the required reports, and obtain such 
deviations, in consultation with the contracting agency, unless 
otherwise agreed between the contracting and requesting agencies. 
However, a deviation to a specified clause of the requesting agency 
shall not be made without prior approval of that agency.
    (c) The requesting agency may require, and provide instructions 
regarding, the forwarding or handling of any invention disclosures or 
other reporting requirements of the specified clauses. Normally the 
requesting agency shall be responsible for the handling of any disclosed 
inventions, including the filing of patent applications where the 
Government receives title, and the custody, control, and licensing 
thereof, unless provided otherwise in the instructions or other 
agreements with the contracting agency.

[49 FR 12974, Mar. 30, 1984, as amended at 54 FR 25068, June 12, 1989 
and 55 FR 25525, June 21, 1990]