52.227-10
Filing of Patent Applications-Classified Subject Matter
Contractors must obtain government review and approval before filing patent applications disclosing classified subject matter to protect national security.
Overview
FAR 52.227-10 outlines the procedures contractors must follow when filing patent applications that disclose classified subject matter arising from a government contract. Its primary purpose is to protect national security by ensuring the government reviews and controls the dissemination of sensitive information before any patent application is filed, especially for subject matter classified as "Confidential," "Secret," or higher.
Key Rules
- Pre-Filing Notification for Secret or Higher
- Contractors must transmit proposed U.S. patent applications disclosing "Secret" or higher classified subject matter to the Contracting Officer at least 30 days before filing, allowing the government to determine if secrecy orders or delays are necessary.
- Pre-Filing Notification for Confidential
- For "Confidential" classified subject matter, contractors must provide a copy of the application to the Contracting Officer for review before filing.
- Foreign Filing Restrictions
- Contractors cannot file patent applications in foreign countries for classified subject matter without written approval from the Contracting Officer.
- Security Procedures and Reporting
- Contractors must follow all security regulations when transmitting classified patent applications and promptly report application details (serial number, filing date, country) to the Contracting Officer.
- Flowdown Requirement
- The clause must be included in all subcontracts that may involve classified subject matter.
Responsibilities
- Contracting Officers: Review proposed patent applications, issue instructions or approvals, and ensure compliance with security regulations.
- Contractors: Notify and obtain approval from the Contracting Officer before filing, comply with security procedures, and flow down the clause to relevant subcontractors.
- Agencies: Oversee compliance and determine the need for secrecy orders or delays.
Practical Implications
- This clause exists to prevent unauthorized disclosure of classified information through patent filings.
- Contractors must build in time for government review before filing, especially for "Secret" or higher classifications.
- Failure to comply can result in security breaches, contract violations, or legal penalties.