[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: 48CFR27.304-3]

[Page 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.  27.304-3  Contracts for construction work or architect-engineer services.

    (a) If a solicitation or contract for construction work or 
architect-engineer services has as a purpose the performance of 
experimental, developmental, or research work or test and evaluation 
studies involving such work and calls for, or can be expected to 
involve, the design of a Government facility or of novel structures, 
machines, products, materials, processes, or equipment (including 
construction equipment), it shall include a patent rights clause 
selected in accordance with the policies and procedures of this subpart 
27.3.
    (b) A solicitation or contract for construction work or architect-
engineer services that calls for or can be expected to involve only 
standard types of construction to be built by previously developed 
equipment, methods, and processes shall not include a patent rights 
clause. The term standard types of construction means construction in 
which the distinctive features, if any, in all likelihood will amount to 
no more than--
    (1) Variations in size, shape, or capacity of otherwise structurally 
orthodox and conventionally acting structures or structural groupings; 
or
    (2) Purely artistic or esthetic (as distinguished from functionally 
significant) architectural configurations and designs of both structural 
and nonstructural members or groupings, which may or may not be 
sufficiently novel or meritorious to qualify for design protection under 
the design patent or copyright laws.