Scope of subpart
FAR 27.200 outlines the key intellectual property areas—patent and copyright liability, royalties, security for classified patents, and trade agreement technology—covered in Subpart 27.2.
Overview
FAR 27.200 defines the scope of Subpart 27.2, outlining the policies and procedures that govern several key areas related to intellectual property in government contracting. Specifically, it addresses the government's liability for patent and copyright infringement, the handling of royalties, security requirements for patent applications involving classified information, and the treatment of patented technology under trade agreements. This section serves as an introduction, setting the boundaries for the detailed rules and requirements found in the subsequent sections of Subpart 27.2.
Key Rules
- Patent and Copyright Infringement Liability
- Establishes that the subpart covers how the government addresses claims of infringement.
- Royalties
- Includes procedures for managing royalties associated with patents and copyrights in contracts.
- Security for Classified Patent Applications
- Addresses requirements for safeguarding classified information in patent applications.
- Patented Technology under Trade Agreements
- Covers the use and management of patented technology subject to international trade agreements.
Responsibilities
- Contracting Officers: Must be aware of the scope and ensure compliance with detailed requirements in subsequent sections.
- Contractors: Should understand that these topics may affect their obligations and rights in government contracts.
- Agencies: Responsible for oversight and ensuring adherence to policies on intellectual property, royalties, and security.
Practical Implications
- This section clarifies the areas of concern for intellectual property in government contracts, helping parties identify when more detailed rules apply.
- It signals to contractors and agencies the importance of managing IP rights, royalties, and classified information properly.
- Common pitfalls include overlooking royalty obligations or mishandling classified patent applications, which can lead to compliance issues.