[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: 48CFR27.304-4]



[Page 526-527]

 

            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. 27.304-4  Subcontracts.



    (a) The policies and procedures covered by this subpart apply to all 

contracts at any tier. Hence, a contractor awarding a subcontract and a 

subcontractor awarding a lower-tier subcontract that has as a purpose 

the conduct of experimental, developmental, or research work is required 

to determine the appropriate patent rights clause to be included that is 

consistent with these policies and procedures. Generally, the clause at 

either 52.227-11, 52.227-12, or 52.227-13 is to be used and will be so 

specified in the patent rights clause contained in the higher-tier 

contract, but the contracting officer may direct the use of a particular 

patent rights clause in any lower-tier contract in accordance with the 

policies and procedures of this subpart. For instance, when the clause 

at 52.227-13 is in the prime contract because the work is to be 

performed overseas, any subcontract with a nonprofit organization would 

contain the clause at 52.227-11.



[[Page 527]]



    (b) Whenever a prime contractor or a subcontractor considers the 

inclusion of a particular clause in a subcontract to be inappropriate or 

a subcontractor refuses to accept the proffered clause, the matter shall 

be resolved by the agency contracting officer in consultation with 

counsel.

    (c) It is Government policy that contractors shall not use their 

ability to award subcontracts as economic leverage to acquire rights for 

themselves in inventions resulting from subcontracts.