35.012
Patent rights
FAR 35.012 requires contracting professionals to consult agency regulations and FAR Part 27 for all matters related to patent rights in R&D contracts.
Overview
FAR 35.012 directs contracting professionals to consult agency-specific regulations and FAR Part 27 for detailed guidance on patent rights in research and development (R&D) contracting. This section does not provide substantive rules itself but serves as a cross-reference, emphasizing that patent rights issues are governed by broader and more detailed regulations elsewhere in the FAR and in agency supplements. The purpose is to ensure that contracting officers and contractors are aware that patent rights are a critical consideration in R&D contracts and that compliance requires reference to the appropriate regulatory sources.
Key Rules
- Reference to Agency Regulations and FAR Part 27
- Patent rights in R&D contracts are governed by agency-specific rules and FAR Part 27, not by this section directly.
- Cross-Referencing
- Contracting professionals must look beyond Part 35 to address patent rights issues.
Responsibilities
- Contracting Officers: Must ensure that patent rights are addressed in accordance with agency regulations and FAR Part 27 when awarding R&D contracts.
- Contractors: Should be aware that patent rights provisions will be governed by the referenced regulations and must comply accordingly.
- Agencies: Responsible for issuing and maintaining supplemental regulations on patent rights as needed.
Practical Implications
- This section exists to prevent oversight of patent rights in R&D contracts by directing users to the correct regulatory sources.
- It impacts daily contracting by requiring due diligence in referencing and applying the correct patent rights clauses.
- A common pitfall is failing to consult the appropriate agency or FAR Part 27 requirements, which can lead to noncompliance or disputes over intellectual property.