27.304
Procedures
FAR 27.304 establishes clear procedures for managing patent rights in government contracts, including requirements for subcontracts, interagency agreements, and appeals.
Overview
FAR 27.304 outlines the procedures for administering patent rights under government contracts, providing detailed guidance for contracting officers and contractors on how to handle patent rights, subcontracts, interagency contracts, and appeals. This section is part of Subpart 27.3, which governs the allocation of patent rights between the government and contractors. The procedures ensure that patent rights are properly addressed in contracts, that subcontractors are treated consistently, and that there are clear processes for resolving disputes or appeals related to patent rights.
Key Rules
- General Procedures (27.304-1)
- Establishes the standard procedures for handling patent rights in government contracts, including the use of specific clauses and the management of invention disclosures.
- Contracts for Other Agencies (27.304-2)
- Provides guidance for contracts placed by or for other government agencies, ensuring consistent application of patent rights provisions across agencies.
- Subcontracts (27.304-3)
- Requires prime contractors to flow down patent rights clauses to subcontracts and manage invention reporting from subcontractors.
- Appeals (27.304-4)
- Outlines the process for contractors to appeal decisions related to patent rights, ensuring due process and a mechanism for dispute resolution.
Responsibilities
- Contracting Officers: Must include appropriate patent rights clauses, ensure compliance, and manage invention disclosures and appeals.
- Contractors: Must comply with patent rights clauses, report inventions, and ensure subcontractors follow requirements.
- Agencies: Oversee compliance and provide guidance on interagency contracts and appeals.
Practical Implications
- Ensures government obtains necessary patent rights while allowing contractors to retain certain rights.
- Impacts contract drafting, administration, and compliance monitoring.
- Common issues include failure to flow down clauses to subcontracts or improper handling of invention disclosures.