27.203-1 General
Source: FAR 27.203-1 on acquisition.gov
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.
(a) Unauthorized disclosure of classified subject matter, whether in patent applications or resulting from the issuance of a patent, may be a violation of http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section792&num=0&edition=prelim" target="_blank">18 U.S.C. 792, et seq. (Chapter 37-Espionage and Censorship), and related statutes, and may be contrary to the interests of national security.
(b) Upon receipt of a patent application under paragraph (a) or (b) of the clause at 52.227-10, Filing of Patent Applications-Classified Subject Matter, the contracting officer shall ascertain the proper security classification of the patent application. If the application contains classified subject matter, the contracting officer shall inform the contractor how to transmit the application to the United States Patent Office in accordance with procedures provided by legal counsel. If the material is classified "Secret" or higher, the contracting officer shall make every effort to notify the contractor within 30 days of the Government’s determination, pursuant to paragraph (a) of the clause.
(c) Upon receipt of information furnished by the contractor under paragraph (d) of the clause at 52.227-10, the contracting officer shall promptly submit that information to legal counsel in order that the steps necessary to ensure the security of the application will be taken.
(d) The contracting officer shall act promptly on requests for approval of foreign filing under paragraph (c) of the clause at 52.227-10 in order to avoid the loss of valuable patent rights of the Government or the contractor.