27.305-3 Securing invention rights acquired by the Government
Source: FAR 27.305-3 on acquisition.gov
Agencies must ensure a clear and documented chain of title or license for inventions acquired under contract, recording all relevant instruments to protect the Government’s patent interests.
Overview
FAR 27.305-3 outlines the procedures agencies must follow to secure and document invention rights acquired by the Government through contracts. When the Government obtains full ownership of an invention, a clear chain of title must be established, typically through assignments from the inventor to the contractor and then to the Government, or directly from the inventor to the Government with contractor consent. If the Government only acquires a license, a confirmatory instrument should be executed. Agencies are also authorized to develop and use appropriate legal instruments (assignments, licenses, etc.) to evidence the Government’s rights, and these documents should be recorded with the U.S. Patent and Trademark Office as per Executive Order 9424. This ensures the Government’s interests in patents and patent applications are properly protected and documented.
(a) Agencies are responsible for implementing procedures necessary to protect the Government’s interest in subject inventions. When the Government acquires the entire right, title, and interest in an invention by contract, the chain of title from the inventor to the Government shall be clearly established. This is normally accomplished by an assignment either from each inventor to the contractor and from the contractor to the Government, or from the inventor to the Government with the consent of the contractor. When the Government’s rights are limited to a license, there should be a confirmatory instrument to that effect.
(b) Agencies may, by supplemental instructions, develop suitable assignments, licenses, and other papers evidencing any rights of the Government in patents or patents applications. These instruments should be recorded in the U.S. Patent and Trademark Office (see Executive Order 9424, Establishing in the United States Patent Office a Register of Government Interests in Patents and Applications for Patents, (February 18, 1944).