[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR27.104]



[Page 508]

 

            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]