27.305-4 Protection of invention disclosures
Source: FAR 27.305-4 on acquisition.gov
Contractors must promptly notify the agency of any data disclosing a subject invention to ensure the Government withholds it from public disclosure, protecting patent rights.
Overview
FAR 27.305-4 outlines the procedures and requirements for protecting the confidentiality of invention disclosures made under government contracts. The regulation ensures that the Government will withhold invention disclosures from public release for a reasonable period, allowing time for patent applications to be filed, as authorized by 35 U.S.C. 205. This protection applies to disclosures made under the patent rights clauses at FAR 52.227-11 and 52.227-13. Contractors must notify the agency of any data delivered that discloses a subject invention, identifying both the data and the related invention at the time of delivery. The Government is required to use reasonable efforts to maintain confidentiality, and contractors must follow specific notification procedures to ensure this protection. Additional guidance is available in 37 CFR 401.13.
Key Rules
- Withholding Invention Disclosures
- The Government will withhold invention disclosures from public release for a reasonable time to allow for patent filings.
- Protection of Related Data
- The Government should also protect other information disclosing a subject invention if the contractor properly notifies the agency.
- Notification Requirement
- Contractors must notify both the contracting officer and any patent representative of the data and the subject invention at the time of delivery.
- Reference to Additional Guidance
- Further information is available in 37 CFR 401.13.
Responsibilities
- Contracting Officers: Ensure invention disclosures and related data are withheld from public disclosure as required; receive and process contractor notifications.
- Contractors: Notify the agency and relevant patent representatives of any data disclosing a subject invention at the time of delivery.
- Agencies: Use reasonable efforts to protect confidential information and follow the policy in 27.302(j).
Practical Implications
- This section protects the patentability of contractor inventions by preventing premature public disclosure.
- Contractors must be diligent in identifying and notifying the agency about invention-related data to ensure confidentiality.
- Failure to follow notification procedures may result in loss of patent rights or public disclosure of proprietary information.
(a) The Government will, to the extent authorized by http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section205&num=0&edition=prelim" target="_blank">35 U.S.C. 205, withhold from disclosure to the public any invention disclosures reported under the patent rights clauses of 52.227-11 or 52.227-13 for a reasonable time in order for patent applications to be filed. The Government will follow the policy in 27.302(j) regarding protection of confidentiality.
(b) The Government should also use reasonable efforts to withhold from disclosure to the public for a reasonable time other information disclosing a subject invention. This information includes any data delivered pursuant to contract requirements provided that the contractor notifies the agency as to the identity of the data and the subject invention to which it relates at the time of delivery of the data. This notification shall be provided to both the contracting officer and to any patent representative to which the invention is reported, if other than the contracting officer.
(c) For more information on protection of invention disclosures, also see 37 CFR 401.13.