C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS › PART 27—PATENTS, DATA, AND COPYRIGHTS › Subpart 27.3—Patent Rights under Government Contracts

48 C.F.R. § 27.305-4

27.305-4 Protection of invention disclosures.

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(a) The Government will, to the extent authorized by 35 U.S.C. 205, withhold from disclosure to the public any invention disclosures reported under the patent rights clauses of 52.227-11 or 52.227-13 for a reasonable time in order for patent applications to be filed. The Government will follow the policy in 27.302(j) regarding protection of confidentiality.

(b) The Government should also use reasonable efforts to withhold from disclosure to the public for a reasonable time other information disclosing a subject invention. This information includes any data delivered pursuant to contract requirements provided that the contractor notifies the agency as to the identity of the data and the subject invention to which it relates at the time of delivery of the data. This notification shall be provided to both the contracting officer and to any patent representative to which the invention is reported, if other than the contracting officer.

(c) For more information on protection of invention disclosures, also see 37 CFR 401.13.

Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Robishaw Engineering, Inc. v. United States
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Robishaw Engineering, Inc. v. United States (1995) vaed “The government correctly notes that these provisions are too indefinite for courts to evaluate the government's compliance with them.”
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