27.305-1
Goals
Proper administration of patent rights clauses ensures the Government secures its interests in inventions and promotes their timely commercial use.
Overview
FAR 27.305-1 outlines the goals for administering contracts that include a patent rights clause. The section emphasizes the importance of identifying, disclosing, and reporting inventions made under government contracts, ensuring the Government's rights in these inventions are established and documented, and promoting timely patent protection and commercial utilization. It also addresses coordination among agencies when multiple agencies fund a contract resulting in a subject invention, requiring the designation of a lead agency for administration of patent rights.
Key Rules
- Invention Identification and Reporting
- Contractors must identify, disclose, and report inventions as required by the contract, and make necessary elections regarding rights.
- Establishment of Government Rights
- The Government's rights in subject inventions must be clearly established and protected.
- Patent Application Filing
- Patent applications should be filed and prosecuted promptly, either by the contractor or the Government, when appropriate.
- Documentation of Rights
- Government rights in patent applications must be documented through formal instruments like licenses or assignments.
- Commercial Utilization
- Efforts should be made to ensure inventions are commercially utilized quickly.
- Multi-Agency Coordination
- When multiple agencies fund a contract, one agency must be designated to administer the Government's rights in the invention.
Responsibilities
- Contracting Officers: Ensure proper administration of patent rights clauses, monitor contractor compliance, and coordinate with other agencies as needed.
- Contractors: Identify, disclose, and report inventions; file patent applications; document Government rights; and pursue commercial utilization.
- Agencies: Designate a lead agency for patent rights administration when multiple agencies are involved.
Practical Implications
- This section ensures the Government secures its rights in inventions made under contract and promotes their commercial use.
- Contractors must have robust processes for invention disclosure and patent management.
- Failure to comply can result in loss of rights or administrative complications, especially in multi-agency contracts.