[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: 48CFR27.304-4]

[Page 508-509]
 
            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.  27.304-4  Subcontracts.

    (a) The policies and procedures covered by this subpart apply to all 
contracts at any tier. Hence, a contractor awarding a subcontract and a 
subcontractor awarding a lower-tier subcontract that has as a purpose 
the conduct of experimental, developmental, or research work is required 
to determine the appropriate patent rights clause to be included that is 
consistent with these policies and procedures. Generally, the clause at 
either 52.227-11, 52.227-12, or 52.227-13 is to be used and will be so 
specified in the patent rights clause contained in the higher-tier 
contract, but the contracting officer may direct the use of a particular 
patent rights clause in any lower-tier contract in accordance with the 
policies and procedures of this subpart. For instance, when the clause 
at 52.227-13 is in the prime contract because the work is to be 
performed overseas, any subcontract with a nonprofit organization would 
contain the clause at 52.227-11.

[[Page 509]]

    (b) Whenever a prime contractor or a subcontractor considers the 
inclusion of a particular clause in a subcontract to be inappropriate or 
a subcontractor refuses to accept the proffered clause, the matter shall 
be resolved by the agency contracting officer in consultation with 
counsel.
    (c) It is Government policy that contractors shall not use their 
ability to award subcontracts as economic leverage to acquire rights for 
themselves in inventions resulting from subcontracts.