[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: 48CFR27.305-4]



[Page 529]

 

            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. 27.305-4  Conveyance of invention rights acquired by the Government.



    (a) Agencies are responsible for those procedures necessary to 

protect the Government's interest in subject inventions. When the 

Government acquires the entire right, title, and interest in an 

invention by contract, this is normally accomplished by an assignment 

either from each inventor to the contractor and from the contractor to 

the Government, or from the inventor to the Government with the consent 

of the contractor, so that the chain of title from the inventor to the 

Government is clearly established. When the Government's rights are 

limited to a license, there should be a confirmatory instrument to that 

effect.

    (b) The form of conveyance of title from the inventor to the 

contractor must be legally sufficient to convey the rights the 

contractor is required to convey to the Government. Agencies may, by 

supplemental instructions, develop suitable assignments, licenses, and 

other papers evidencing any rights of the Government in patents or 

patent applications, including such instruments as may be required to be 

recorded in the Statutory Register or documented in the Government 

Register maintained by the U.S. Patent and Trademark Office pursuant to 

Executive Order 9424, February 18, 1944.