HHSAR Part 327—Patents, Data, and Copyrights

Part 327—Patents, Data, and Copyrights

• Subpart 327.3—Patent Rights Under Government Contracts
• 327.303 Solicitation provision and contract clause.
• Subpart 327.4—Rights in Data and Copyrights
• 327.404-70 Basic rights in data clause.
• 327.409 Solicitation provision and contract clause.

Part 327—Patents, Data, and Copyrights

Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2).

Subpart 327.3—Patent Rights Under Government Contracts

327.303 Solicitation provision and contract clause.

The contracting officer shall insert the clause at

352.227-11, Patent Rights—Exceptional Circumstances and any appropriate alternates in lieu of Federal Acquisition Regulation (FAR)

52.227-11 whenever a Determination of Exceptional Circumstances (DEC) involving the provision of materials that has been executed in accordance with Agency policy and procedures calls for its use and the clause at

352.227-11, Patent Rights—Exceptional Circumstances, appropriately covers the circumstances. The contracting officer should reference the DEC in the solicitation and shall attach a copy of the executed DEC to the contract.

Subpart 327.4—Rights in Data and Copyrights

327.404-70 Basic rights in data clause.

The contracting officer shall insert the clause at

352.227-70, Publications and Publicity, in solicitations, contracts, and orders that involve requirements which could lead to the contractor’s publishing the results of its work under the contract.

327.409 Solicitation provision and contract clause.

The contracting officer shall insert the clause at

352.227-14, Rights in Data—Exceptional Circumstances, and any appropriate alternates in lieu of the FAR clause at

52.227-14, Rights in Data-General, whenever a DEC executed in accordance with Agency policy and procedures calls for its use. Prior to using this clause, a DEC must be executed in accordance with Agency policy and procedures. The contracting officer should reference the DEC in the solicitation and shall attach a copy of the executed DEC to the contract.