Securing invention rights acquired by the Government
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.