[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: 48CFR27.304-5]



[Page 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. 27.304-5  Appeals.



    (a) The agency official initially authorized to take any of the 

following actions shall provide the contractor with a written statement 

of the basis for the action at the time the action is taken, including 

any relevant facts that were relied upon in taking the action:

    (1) A refusal to grant an extension to the invention disclosure 

period under subparagraph (c)(4) of the clauses at 52.227-11 and 52.227-

12.

    (2) A request for a conveyance of title to the Government under 

27.302(d)(1)(i) through (v).

    (3) A refusal to grant a waiver under 27.302(g), Preference for U.S. 

Industry.

    (4) A refusal to approve an assignment under 27.304-1(h)(1).

    (5) A refusal to approve an extension of the exclusive license 

period under 27.304-1(h)(2).

    (b) Each agency shall establish and publish procedures under which 

any of the agency actions listed in paragraph (a) above may be appealed 

to the head of the agency or designee. Review at this level shall 

consider both the factual and legal basis for the action and its 

consistency with the policy and objectives of 35 U.S.C. 200-206 and this 

subpart.

    (c) Appeals procedures established under paragraph (b) of this 

subsection shall include administrative due process procedures and 

standards for fact-finding at least comparable to those set forth in 37 

CFR part 401.6(e)-(g) whenever there is a dispute as to the factual 

basis for an agency request for a conveyance of title under 27.302(d)(1) 

(i) through (v) including any dispute as to whether or not an invention 

is a subject invention.

    (d) To the extent that any of the actions described in paragraph (a) 

above are subject to appeal under the Contract Disputes Act, the 

procedures under that Act will satisfy the requirements of paragraphs 

(b) and (c) above.



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

and 55 FR 25525, June 21, 1990]