27.305
Administration of patent rights clauses
FAR 27.305 ensures that both the Government and contractors properly manage, disclose, and protect patent rights and invention information arising from government contracts.
Overview
FAR 27.305 outlines the procedures and responsibilities for administering patent rights clauses in government contracts. It covers the Government’s goals in managing patent rights, the administrative processes for ensuring compliance, securing invention rights acquired by the Government, and protecting invention disclosures. The section ensures that both the Government and contractors understand their obligations regarding inventions made under contract, including reporting, documentation, and safeguarding proprietary information.
Key Rules
- Goals of Patent Rights Administration
- Establishes objectives for effective management and utilization of patent rights arising from government contracts.
- Government Administration
- Details the Government’s role in monitoring contractor compliance with patent rights clauses, including review of invention disclosures and ensuring proper documentation.
- Securing Invention Rights
- Outlines procedures for the Government to secure rights to inventions made under contract, including obtaining assignments or confirming licenses.
- Protection of Invention Disclosures
- Requires safeguarding of invention disclosures and related information to protect proprietary and confidential data.
Responsibilities
- Contracting Officers: Must ensure contractors comply with patent rights clauses, review invention disclosures, and secure Government rights as needed.
- Contractors: Required to disclose inventions, maintain proper records, and protect confidential information.
- Agencies: Oversee administration, ensure compliance, and protect Government interests in inventions.
Practical Implications
- This section exists to protect the Government’s interests in inventions developed under contract and to ensure proper handling of intellectual property.
- It impacts daily contracting by requiring timely disclosures, proper documentation, and secure handling of sensitive information.
- Common pitfalls include failure to disclose inventions, inadequate record-keeping, and improper protection of confidential data.