27.000 Scope of part.
This part prescribes policies, procedures, and contract clauses pertaining to patents and directs agencies to develop coverage for Rights in Data and Copyrights.
Subpart 27.1- General
The policies, procedures, and clauses prescribed by this Part 27 are applicable to all agencies. Agencies are authorized to adopt alternate policies, procedures, and clauses, but only to the extent determined necessary to meet the specific requirements of laws, executive orders, treaties, or international agreements. Any agency action adopting such alternate policies, procedures, and clauses shall be covered in published agency regulations.
The policies pertaining to patents, data, and copyrights are set forth in this Part 27 and the related clauses in Part 52.
27.104 General guidance.
- (a) The Government encourages the maximum practical commercial use of inventions made while performing Government contracts.
- (b) Generally, the Government will not refuse to award a contract on the grounds that the prospective contractor may infringe a patent.
- (c) Generally, the Government encourages the use of inventions in performing contracts and, by appropriate contract clauses, authorizes and consents to such use, even though the inventions may be covered by U.S. patents and indemnification against infringement may be appropriate.
- (d) Generally, the Government should be indemnified against infringement of U.S. patents resulting from performing contracts when the supplies or services acquired under the contracts normally are or have been sold or offered for sale by any supplier to the public in the commercial open market or are the same as such supplies or services with relatively minor modifications.
- (e) The Government acquires supplies or services on a competitive basis in accordance with Part 6, but it is important that the efforts directed toward full and open competition not improperly demand or use data relating to private developments.
- (f) The Government honors the rights in data resulting from private developments and limits its demands for such rights to those essential for Government purposes.
- (g) The Government honors rights in patents, data, and copyrights, and complies with the stipulations of law in using or acquiring such rights.
- (h) Generally, the Government requires that contractors obtain permission from copyright owners before including privately-owned copyrighted works in data required to be delivered under Government contracts.