[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: 48CFR27.207-1]



[Page 513-514]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 27_PATENTS, DATA, AND COPYRIGHTS--Table of Contents

 

                          Subpart 27.2_Patents

 

Sec. 27.207-1  General.



    (a) Unauthorized disclosure of classified subject matter, whether in 

patent applications or resulting from the issuance of a patent, may be a 

violation of 18 U.S.C. 792 et seq. (Espionage and Censorship), and 

related statutes, and may be contrary to the interests of national 

security.

    (b) Upon receipt from the contractor of a patent application, not 

yet filed, that has been submitted by the contractor in compliance with 

paragraph (a) or (b) of the clause at 52.227-10, Filing of Patent 

Applications--Classified Subject Matter, the contracting officer shall 

ascertain the proper security classification of the patent application. 

Upon a determination that the application contains classified subject 

matter, the contracting officer shall inform the contractor of any 

instructions deemed necessary or advisable relating to transmittal of 

the application to the United States Patent Office in accordance with 

procedures in the National Industrial Security Program Operating Manual. 

If the material is classified Secret or higher, the contracting officer 

shall make every effort to notify the contractor of the determination 

within 30 days, pursuant to paragraph (a) of the clause.

    (c) In the case of all applications filed under the provisions of 

this section 27.207, the contracting officer, upon receiving the 

application serial number, the filing date, and the information 

furnished by the contractor



[[Page 514]]



under paragraph (d) of the clause at 52.227-10, Filing of Patent 

Applications--Classified Subject Matter, shall promptly submit that 

information to personnel having cognizance of patent matters in order 

that the steps necessary to ensure the security of the application may 

be taken.

    (d) A request for the approval referred to in paragraph (c) of the 

clause at 52.227-10, Filing of Patent Applications--Classified Subject 

Matter, must be considered and acted upon promptly by the contracting 

officer in order to avoid the loss of valuable patent rights of the 

Government or the contractor.



[49 FR 12974, Mar. 30, 1984, as amended at 61 FR 31617, June 20, 1996]