[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: 48CFR27.301]



[Page 515]

 

            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. 27.301  Definitions.



    As used in this subpart--

    Invention means any invention or discovery that is or may be 

patentable or otherwise protectable under title 35 of the U.S. Code or 

any novel variety of plant that is or may be protectable under the Plant 

Variety Protection Act (7 U.S.C. 2321, et seq.).

    Made when used in relation to any invention, means the conception or 

first actual reduction to practice of such invention.

    Nonprofit organization means a domestic university or other 

institution of higher education or an organization of the type described 

in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 

501(c)) and exempt from taxation under section 501(a) of the Internal 

Revenue Code (26 U.S.C. 501(a)), or any nonprofit scientific or 

educational organization qualified under a State nonprofit organization 

statute.

    Practical application means to manufacture, in the case of a 

composition or product; to practice, in the case of a process or method; 

or to operate, in the case of a machine or system; and, in each case, 

under such conditions as to establish that the invention is being 

utilized and that its benefits are, to the extent permitted by law or 

Government regulations, available to the public on reasonable terms.

    Small business firm means a small business concern as defined at 15 

U.S.C. 632 and implementing regulations of the Administrator of the 

Small Business Administration. (For the purpose of this definition, the 

size standard contained in 13 CFR 121.3-8 for small business contractors 

and in 13 CFR 121.3-12 for small business subcontractors will be used. 

See FAR part 19).

    Subject invention means any invention of the contractor conceived or 

first actually reduced to practice in the performance of work under a 

Government contract; provided, that in the case of a variety of plant, 

the date of determination defined in section 41(d) of the Plant Variety 

Protection Act, 7 U.S.C. 2401(d), must also occur during the period of 

contract performance.



[49 FR 12974, Mar. 30, 1984, as amended at 54 FR 25063, June 12, 1989 

and 55 FR 25525, June 21, 1990; 66 FR 2130, Jan. 10, 2001]