[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR34.25]



[Page 217-218]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 34_ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH 

FOR-PROFIT ORGANIZATIONS--Table of Contents

 

                    Subpart B_Post-award Requirements

 

Sec.  34.25  Intellectual property developed or produced under awards.



    (a) Patents. Grants and cooperative agreements with:

    (1) Small business concerns shall comply with 35 U.S.C. Chapter 18, 

as implemented by 37 CFR part 401, which applies to inventions made 

under grants and cooperative agreements with small business concerns for 

research and development. 37 CFR 401.14 provides a standard clause that 

is required in such grants and cooperative agreements in most cases, 37 

CFR 401.3 specifies when the clause shall be included, and 37 CFR 401.5 

specifies how the clause may be modified and tailored.

    (2) For-profit organizations other than small business concerns 

shall comply with 35 U.S.C. 210(c) and Executive Order 12591 (3 CFR, 

1987 Comp., p. 220) (which codifies a Presidential Memorandum on 

Government Patent Policy, dated February 18, 1983).



[[Page 218]]



    (i) The Executive order states that, as a matter of policy, grants 

and cooperative agreements should grant to all for-profit organizations, 

regardless of size, title to patents made in whole or in part with 

Federal funds, in exchange for royalty-free use by or on behalf of the 

Government (i.e., it extends the applicability of 35 U.S.C. Chapter 18, 

to the extent permitted by law, to for-profit organizations other than 

small business concerns).

    (ii) 35 U.S.C. 210(c) states that 35 U.S.C. Chapter 18 is not 

intended to limit agencies' authority to agree to the disposition of 

rights in inventions in accordance with the Presidential memorandum 

codified by the Executive order. It also states that such grants and 

cooperative agreements shall provide for Government license rights 

required by 35 U.S.C. 202(c)(4) and march-in rights required by 35 

U.S.C. 203.

    (b) Copyright, data and software rights. Requirements concerning 

data and software rights are as follows:

    (1) The recipient may copyright any work that is subject to 

copyright and was developed under an award. DoD Components reserve a 

royalty-free, nonexclusive and irrevocable right to reproduce, publish, 

or otherwise use the work for Federal purposes, and to authorize others 

to do so.

    (2) Unless waived by the DoD Component making the award, the Federal 

Government has the right to:

    (i) Obtain, reproduce, publish or otherwise use for Federal 

Government purposes the data first produced under an award.

    (ii) Authorize others to receive, reproduce, publish, or otherwise 

use such data for Federal purposes.



                          Procurement Standards