[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: 48CFR27.304-3]



[Page 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. 27.304-3  Contracts for construction work or architect-engineer services.



    (a) If a solicitation or contract for construction work or 

architect-engineer services has as a purpose the performance of 

experimental, developmental, or research work or test and evaluation 

studies involving such work and calls for, or can be expected to 

involve, the design of a Government facility or of novel structures, 

machines, products, materials, processes, or equipment (including 

construction equipment), it shall include a patent rights clause 

selected in accordance with the policies and procedures of this subpart 

27.3.

    (b) A solicitation or contract for construction work or architect-

engineer services that calls for or can be expected to involve only 

standard types of construction to be built by previously developed 

equipment, methods, and processes shall not include a patent rights 

clause. The term standard types of construction means construction in 

which the distinctive features, if any, in all likelihood will amount to 

no more than--

    (1) Variations in size, shape, or capacity of otherwise structurally 

orthodox and conventionally acting structures or structural groupings; 

or

    (2) Purely artistic or esthetic (as distinguished from functionally 

significant) architectural configurations and designs of both structural 

and nonstructural members or groupings, which may or may not be 

sufficiently novel or meritorious to qualify for design protection under 

the design patent or copyright laws.