27.301
Definitions
FAR 27.301 defines key terms that establish the foundation for patent rights compliance under government contracts—understanding these is essential for proper reporting and rights management.
Overview
FAR 27.301 provides essential definitions for terms used throughout Subpart 27.3, which governs patent rights under government contracts. These definitions clarify what constitutes an invention, when an invention is considered "made," the meaning of nonprofit organization, practical application, and subject invention. Understanding these terms is critical for both contractors and contracting officers to ensure proper compliance with patent rights regulations and obligations under government contracts.
Key Rules
- Invention
- Covers any patentable or protectable discovery, including plant varieties.
- Made
- Defines when an invention is considered created, with specific criteria for plant varieties.
- Nonprofit Organization
- Specifies which entities qualify as nonprofits for patent rights purposes.
- Practical Application
- Describes what it means for an invention to be utilized and available to the public.
- Subject Invention
- Refers to inventions made by the contractor during contract performance.
Responsibilities
- Contracting Officers: Must apply these definitions when administering patent rights clauses and determining contractor obligations.
- Contractors: Must understand and use these definitions when reporting inventions, asserting rights, or fulfilling patent-related obligations.
- Agencies: Ensure consistent interpretation and application of these terms in contract administration and oversight.
Practical Implications
- These definitions form the foundation for interpreting patent rights clauses in government contracts.
- Misunderstanding these terms can lead to noncompliance, disputes, or loss of rights.
- Contractors should ensure internal policies and reporting align with these definitions to avoid issues during audits or contract closeout.