General
Contracting officers and contractors must rigorously protect classified subject matter in patent applications, following strict security procedures to avoid legal violations and safeguard national security.
Overview
FAR 27.203-1 outlines the procedures and responsibilities related to the handling of patent applications containing classified subject matter. The regulation emphasizes the importance of protecting national security by preventing unauthorized disclosure of classified information in patent applications, referencing potential criminal penalties under espionage laws. It details the steps contracting officers must take upon receipt of such applications, including determining the correct security classification, instructing contractors on secure transmission to the U.S. Patent Office, and acting promptly on requests for foreign filings to protect patent rights. The section also requires contracting officers to coordinate with legal counsel to ensure all security measures are followed throughout the patent application process.
Key Rules
- Unauthorized Disclosure Prohibited
- Disclosing classified subject matter in patent applications can violate federal law and jeopardize national security.
- Security Classification Determination
- Contracting officers must determine the proper security classification of patent applications and provide transmission instructions to contractors.
- Prompt Notification
- Contractors must be notified within 30 days if the material is classified as "Secret" or higher.
- Legal Counsel Coordination
- Information from contractors must be promptly submitted to legal counsel to ensure security procedures are followed.
- Timely Foreign Filing Approvals
- Contracting officers must act quickly on foreign filing requests to avoid loss of patent rights.
Responsibilities
- Contracting Officers: Determine classification, instruct contractors, coordinate with legal counsel, and act promptly on foreign filing requests.
- Contractors: Follow instructions for secure transmission and provide required information under the relevant contract clause.
- Agencies: Ensure oversight and compliance with security and legal requirements for classified patent applications.
Practical Implications
- This section exists to safeguard classified information in the patent process and prevent national security breaches.
- It impacts daily contracting by requiring strict adherence to security protocols and timely communication between contractors, contracting officers, and legal counsel.
- Common pitfalls include delays in notification, improper classification, or failure to coordinate with legal counsel, all of which can result in legal violations or loss of patent rights.