[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: 48CFR27.305-1]



[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. 27.305-1  Patent rights follow-up.



    (a) It is important that the Government and the contractor know and 

exercise their rights in inventions conceived or first actually reduced 

to practice in the course of or under Government contracts in order to 

ensure their expeditious availability to the public and to enable the 

Government, the contractor, and the public to avoid unnecessary payment 

of royalties and to defend themselves against claims and suits for 

patent infringement. To attain these ends, contracts having a patent 

rights clause should be so administered that--

    (1) Inventions are identified, disclosed, and reported as required 

by the contract, and elections are made;

    (2) The rights of the Government in such inventions are established;

    (3) Where patent protection is appropriate, patent applications are 

timely filed and prosecuted by contractors or by the Government;

    (4) The rights of the Government in filed patent applications are 

documented by formal instruments such as licenses or assignments; and

    (5) Expeditious commercial utilization of such inventions is 

achieved.

    (b) If a subject invention is made under funding agreements of more 

than one agency, at the request of the contractor or on their own 

initiative, the agencies shall designate one agency as responsible for 

administration of the rights of the Government in the invention.



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