[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: 48CFR27.305-5]



[Page 529-530]

 

            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. 27.305-5  Publication or release of invention disclosures.



    (a) In accordance with the policy at 27.302(i), to protect their 

mutual interests, contractors and the Government should cooperate in 

deferring the publication or release of invention disclosures until the 

filing of the first patent application, and use their best efforts to 

achieve prompt filing when publication or release may be imminent. The 

Government will, on its part and to the extent authorized by 35 U.S.C. 

205, withhold from disclosure to the public any invention disclosures 

reported under the patent rights clauses of 52.227-11, 52.227-12, or 

52.227-13 for a reasonable time in order for patent applications to be 

filed. The policy in 27.302(i) regarding protection of confidentiality 

shall be followed.

    (b) The Government will also use reasonable efforts to withhold from 

disclosure to the public for a reasonable time other information 

disclosing a reported invention included in any data delivered pursuant 

to contract requirements; provided, that the contractor notifies the 

agency as to the identity of the data and the invention to which it 

relates at the time of delivery of the data. Such notification must be 

to both the contracting officer and any patent representative to which 

the invention is reported, if other than the contracting officer.

    (c) As an additional protection for small business firms and 

nonprofit organizations 37 CFR part 401 prescribes that agencies shall 

not disclose or release, in accordance with 35 U.S.C. 205, for a period 

of 18 months from the filing date of the application to third parties 

pursuant to request under the



[[Page 530]]



Freedom of Information Act or otherwise copies of any document which the 

agency obtained under contract which is part of an application for 

patent with the U.S. Patent and Trademark Office or any foreign patent 

office filed by the contractor (or its assignees, licensees, or 

employees) on a subject invention to which the contractor has elected to 

retain title. This prohibition does not extend to disclosure to other 

Government agencies or contractors of Government agencies under an 

obligation to maintain such information in confidence.



[49 FR 12974, Mar. 30, 1984, as amended at 54 FR 25069, June 12, 1989 

and 55 FR 25525, June 21, 1990]