27.203
Security requirements for patent applications containing classified subject matter
FAR 27.203 requires strict adherence to security protocols for patent applications containing classified subject matter, including mandatory contract clauses and compliance with agency security regulations.
Overview
FAR 27.203 outlines the security requirements for patent applications that contain classified subject matter. This section ensures that any patent applications arising from government contracts, which involve classified information, are handled in accordance with national security regulations. It mandates that contractors and contracting officers follow specific procedures to safeguard classified information during the patent application process, including the use of prescribed contract clauses and adherence to agency security protocols.
Key Rules
- Security Procedures for Classified Patent Applications
- Contractors must comply with all applicable security regulations when preparing and submitting patent applications containing classified subject matter.
- Contract Clause Requirement
- Contracting officers are required to include a specific clause in contracts where classified subject matter may be involved in patent applications, ensuring all parties are aware of and adhere to security requirements.
Responsibilities
- Contracting Officers: Must ensure the appropriate security clause is included in contracts and verify contractor compliance with security procedures.
- Contractors: Must safeguard classified information in patent applications and follow all relevant security protocols and reporting requirements.
- Agencies: Oversee compliance with security requirements and provide guidance on handling classified subject matter in patent applications.
Practical Implications
- This section exists to protect national security by preventing unauthorized disclosure of classified information in patent applications.
- Contractors must be vigilant in identifying classified subject matter and strictly follow security procedures, as failure to comply can result in serious legal and security consequences.
- Common pitfalls include neglecting to use the required contract clause or mishandling classified information during the patent process.