Administration by the Government
Agencies and contracting officers must actively monitor, enforce, and document contractor compliance with patent rights clauses to protect the Government’s interests in subject inventions.
Overview
FAR 27.305-2 outlines the Government’s responsibilities for administering patent rights clauses in contracts, ensuring that subject inventions are properly disclosed, patent applications are filed, and the Government’s rights are protected. Agencies must establish follow-up procedures, coordinate with legal counsel, and take corrective actions if contractors fail to comply with patent rights obligations. The regulation emphasizes proactive oversight, especially for contracts likely to yield significant inventions, and details steps for monitoring, investigating, and correcting contractor compliance. Contracting officers play a central role in receiving disclosures, requesting missing documents, and explaining obligations to contractors. Persistent or significant noncompliance must be documented and may result in payment withholdings.
Key Rules
- Agency Follow-Up Procedures
- Agencies must maintain procedures to ensure inventions are disclosed, patent applications are filed, and Government rights are protected.
- Contracting Officer Responsibilities
- Contracting officers must receive and process invention disclosures and related documents, request missing information, and escalate persistent noncompliance.
- Legal Counsel Coordination
- All patent-related documents must be promptly forwarded to legal counsel.
- Compliance Monitoring
- Agencies should establish procedures to detect and correct contractor failures, focusing on high-risk contracts.
- Use of Patent Personnel
- Government patent personnel may be used for interviews, technical reviews, patent searches, and on-site inspections.
- Contractor Education and Enforcement
- Contracting officers should clarify obligations to contractors and may withhold payments or document failures for repeated noncompliance.
Responsibilities
- Contracting Officers: Receive and process invention disclosures, request missing documents, coordinate with legal counsel, educate contractors, and document noncompliance.
- Contractors: Disclose inventions, file patent applications, submit required documents, and comply with patent rights clauses.
- Agencies: Establish oversight procedures, use patent personnel for monitoring, and focus efforts on contracts likely to produce significant inventions.
Practical Implications
- This section ensures the Government secures its rights in inventions arising from federally funded contracts.
- It requires active oversight and documentation, especially for research and high-value contracts.
- Common pitfalls include failing to disclose inventions, missing deadlines for document submission, and inadequate contractor education or follow-up.