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27.102 General guidance.

27.102 General guidance.

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

  2. (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.

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

  4. (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.

  5. (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.