52.227-10 Filing of Patent Applications-Classified Subject Matter
Source: FAR 52.227-10 on acquisition.gov
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.
As prescribed at 27.203-2 , insert the following clause:
Filing of Patent Applications-Classified Subject Matter (Dec 2007)
(a) Before filing or causing to be filed a patent application in the United States disclosing any subject matter of this contract classified "Secret" or higher, the Contractor shall, citing the 30-day provision below, transmit the proposed application to the Contracting Officer. The Government shall determine whether, for reasons of national security, the application should be placed under an order of secrecy, sealed in accordance with the provision of http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section181&num=0&edition=prelim" target="_blank">35 U.S.C. 181-http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section188&num=0&edition=prelim" target="_blank">188, or the issuance of a patent otherwise delayed under pertinent United States statutes or regulations. The Contractor shall observe any instructions of the Contracting Officer regarding the manner of delivery of the patent application to the United States Patent Office, but the Contractor shall not be denied the right to file the application. If the Contracting Officer shall not have given any such instructions within 30 days from the date of mailing or other transmittal of the proposed application, the Contractor may file the application.
(b) Before filing a patent application in the United States disclosing any subject matter of this contract classified "Confidential," the Contractor shall furnish to the Contracting Officer a copy of the application for Government determination whether, for reasons of national security, the application should be placed under an order of secrecy or the issuance of a patent should be otherwise delayed under pertinent United States statutes or regulations.
(c) Where the subject matter of this contract is classified for reasons of security, the Contractor shall not file, or cause to be filed, in any country other than in the United States as provided in paragraphs (a) and (b) of this clause, an application or registration for a patent containing any of the subject matter of this contract without first obtaining written approval of the Contracting Officer.
(d) When filing any patent application coming within the scope of this clause, the Contractor shall observe all applicable security regulations covering the transmission of classified subject matter and shall promptly furnish to the Contracting Officer the serial number, filing date, and name of the country of any such application. When transmitting the application to the United States Patent Office, the Contractor shall by separate letter identify by agency and number the contract or contracts that require security classification markings to be placed on the application.
(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts that cover or are likely to cover classified subject matter.
(End of clause)