[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: 48CFR27.304-2]



[Page 525-526]

 

            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. 27.304-2  Contracts placed by or for other Government agencies.



    The following procedures apply unless agency agreements provide 

otherwise:

    (a) When a Government agency requests another Government agency to 

award a contract on its behalf, the request should explain any special 

circumstances surrounding the contract and specify and furnish the 

patent rights clause to be used. Normally, the clause will be in 

accordance with the policies and procedures of this subpart. If, 

however, the request states that a clause of the requesting agency is 

required (e.g., because of statutory requirements, a deviation, or 

exceptional circumstances) that clause shall be used rather than those 

of this subpart.

    (1) If the request states that an agency clause is required and the 

work to be performed under the contract is not severable and is funded 

wholly or in part by the agency, then that agency clause and no other 

patent rights clause shall be included in the contract.

    (2) If the request states that an agency clause is required, and the 

work to be performed under the contract is severable and is only in part 

for the requesting agency, then the work which is on behalf of the 

requesting agency shall be identified in the contract, and



[[Page 526]]



the agency clause shall be made applicable to that portion. In such 

situations, the remaining portion of the work (for the agency awarding 

the contract) shall likewise be identified and the appropriate patent 

rights clause (if required) shall be made applicable to that remaining 

portion.

    (3) If the request states that an agency clause is not required in 

any resulting contract, then the appropriate patent rights clause shall 

be used, if a patent rights clause is required.

    (b) Where use of the specified clause, or any modification, waiver, 

or omission of the Government's rights under any provisions therein, 

requires a written determination, the reporting of such determination, 

or a deviation, if any such acts are required in accordance with 

27.303(d)(2), it shall be the responsibility of the requesting agency to 

make such determination, submit the required reports, and obtain such 

deviations, in consultation with the contracting agency, unless 

otherwise agreed between the contracting and requesting agencies. 

However, a deviation to a specified clause of the requesting agency 

shall not be made without prior approval of that agency.

    (c) The requesting agency may require, and provide instructions 

regarding, the forwarding or handling of any invention disclosures or 

other reporting requirements of the specified clauses. Normally the 

requesting agency shall be responsible for the handling of any disclosed 

inventions, including the filing of patent applications where the 

Government receives title, and the custody, control, and licensing 

thereof, unless provided otherwise in the instructions or other 

agreements with the contracting agency.



[49 FR 12974, Mar. 30, 1984, as amended at 54 FR 25068, June 12, 1989 

and 55 FR 25525, June 21, 1990]