[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: 48CFR27.306]



[Page 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. 27.306  Licensing background patent rights to third parties.



    (a) A contract with a small business firm or nonprofit organization 

will not contain a provision allowing the Government to require the 

licensing to third parties of inventions owned by the contractor that 

are not subject inventions unless such provision has been approved by 

the agency head and written justification has been signed by the agency 

head. Any such provision will clearly state whether the licensing may be 

required in connection with the practice of a subject invention, a 

specifically identified work object, or both. The agency head may not 

delegate the authority to approve such provisions or to sign 

justifications required for such provisions.

    (b) The Government will not require the licensing of third parties 

under any such provision unless the agency head determines that the use 

of the invention by others is necessary for the practice of a subject 

invention or for the use of a work object of the contract and that such 

action is necessary to achieve the practical application of the subject 

invention or work object. Any such determination will be on the record 

after an opportunity for a hearing, and the contractor shall be given 

notification of the determination by certified or registered mail. The 

notification shall include a statement that any action commenced for 

judicial review of such determination must be brought by the contractor 

within 60 days after the notification.