C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS › PART 27—PATENTS, DATA, AND COPYRIGHTS › Subpart 27.1—General

48 C.F.R. § 27.102

27.102 General guidance.

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(a) The Government encourages the maximum practical commercial use of inventions made under Government contracts.

(b) Generally, the Government will not refuse to award a contract on the grounds that the prospective contractor may infringe a patent. The Government may authorize and consent to the use of inventions in the performance of certain contracts, even though the inventions may be covered by U.S. patents.

(c) Generally, contractors providing commercial products and commercial services should indemnify the Government against liability for the infringement of U.S. patents.

(d) The Government recognizes rights in data developed at private expense, and limits its demands for delivery of that data. When such data is delivered, the Government will acquire only those rights essential to its needs.

(e) Generally, the Government requires that contractors obtain permission from copyright owners before including copyrighted works, owned by others, in data to be delivered to the Government.

[72 FR 63049, Nov. 7, 2007, as amended at 86 FR 61028, Nov. 4, 2021]
Notes of Decisions
Cited in 1 case, 2016–2016 · leading case: Golden v. United States, 129 Fed. Cl. 630 (Fed. Cl. 2016).
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Golden v. United States, 129 Fed. Cl. 630 (Fed. Cl. 2016). “at 6 (quoting 48 C.F.R. 27.102(b)). Plaintiff does not explicitly apply these rules to the facts alleged in the February 12, 2016 Amended Complaint.”
— 48 C.F.R. § 27.102(b) — 1 case
Golden v. United States, 129 Fed. Cl. 630 (Fed. Cl. 2016). “at 6 (quoting 48 C.F.R. 27.102(b)). Plaintiff does not explicitly apply these rules to the facts alleged in the February 12, 2016 Amended Complaint.”
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