Overview
This section defines the applicability of FAR Subpart 27.3, establishing the policies and contract clauses governing patent rights for inventions created during the performance of federal research, developmental, or experimental work.
Key Rules
- Subject Matter: Covers all policies, procedures, solicitation provisions, and contract clauses related to "subject inventions" (inventions made under a government contract).
- Applicability: Applies to both prime contracts and subcontracts that involve experimental, developmental, or research work.
- Agency Supplements: Explicitly allows federal agencies to implement their own supplemental regulations regarding patent rights, provided they remain consistent with applicable law and 37 CFR 401.1.
Practical Implications
- Contractors engaged in R&D must look beyond the basic FAR clauses and consult agency-specific supplements (such as the DFARS or DEAR) to understand the full scope of their intellectual property obligations and rights.
- The determination of whether a contract involves "experimental, developmental, or research work" is the primary trigger for the inclusion of patent rights clauses that require contractors to disclose new inventions to the government.