[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: 48CFR27.305-5]

[Page 511-512]
 
            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.  27.305-5  Publication or release of invention disclosures.

    (a) In accordance with the policy at 27.302(i), to protect their 
mutual interests, contractors and the Government should cooperate in 
deferring the publication or release of invention disclosures until the 
filing of the first patent application, and use their best efforts to 
achieve prompt filing when publication or release may be imminent. The 
Government will, on its part and to the extent authorized by 35 U.S.C. 
205, withhold from disclosure to the public any invention disclosures 
reported under the patent rights clauses of 52.227-11, 52.227-12, or 
52.227-13 for a reasonable time in order for patent applications to be 
filed. The policy in 27.302(i) regarding protection of confidentiality 
shall be followed.
    (b) The Government will also use reasonable efforts to withhold from 
disclosure to the public for a reasonable time other information 
disclosing a reported invention included in any data delivered pursuant 
to contract requirements; provided, that the contractor notifies the 
agency as to the identity of the data and the invention to which it 
relates at the time of delivery of the data. Such notification must be 
to both the contracting officer and any patent representative to which 
the invention is reported, if other than the contracting officer.
    (c) As an additional protection for small business firms and 
nonprofit organizations 37 CFR part 401 prescribes that agencies shall 
not disclose or release, in accordance with 35 U.S.C. 205, for a period 
of 18 months from the filing date of the application to third parties 
pursuant to request under the

[[Page 512]]

Freedom of Information Act or otherwise copies of any document which the 
agency obtained under contract which is part of an application for 
patent with the U.S. Patent and Trademark Office or any foreign patent 
office filed by the contractor (or its assignees, licensees, or 
employees) on a subject invention to which the contractor has elected to 
retain title. This prohibition does not extend to disclosure to other 
Government agencies or contractors of Government agencies under an 
obligation to maintain such information in confidence.

[49 FR 12974, Mar. 30, 1984, as amended at 54 FR 25069, June 12, 1989 
and 55 FR 25525, June 21, 1990]