# DLAD PART 27 – PATENTS, DATA, AND COPYRIGHTS

- 27.000 Scope of section.

- 27.000-90 Authority.
- 27.000-91 Supply of patented components as Government-furnished property (GFP).

- SUBPART 27.2 – PATENTS

- 27.203 Patent indemnification of Government by contractor.

- 27.203-6 Waiver of indemnity by the Government.

- 27.204 Reporting of royalties - anticipated or paid.
- 27.205 Adjustment of royalties.

- SUBPART 27.3 – PATENT RIGHTS UNDER GOVERNMENT CONTRACTS

- 27.302 Policy.

- 27.302-90 Processing of infringement claims.
- 27.402-90 POLICY.
- 27.409-90 Solicitation Provisions and Contract Clauses

- SUBPART 27.6 – FOREIGN LICENSE AND TECHNICAL ASSISTANCE AGREEMENTS

- 27.675-91 Review of agreements.

- SUBPART 27.71 – RIGHTS IN TECHNICAL DATA

- 27.7102 Commercial items, components, or processes.

- 27.7102-3 Contract Clause.

PART 27 – PATENTS, DATA, AND COPYRIGHTS

TABLE OF CONTENTS

27.000 Scope of section.

27.000-90 Authority.

27.000-91 Supply of patented components as Government-furnished property (GFP).

SUBPART 27.2 – PATENTS

27.203 Patent indemnification of Government by contractor.

27.203-6 Waiver of indemnity by the Government.

27.204 Reporting of royalties - anticipated or paid.

27.205 Adjustment of royalties.

SUBPART 27.3 – PATENT RIGHTS UNDER GOVERNMENT CONTRACTS

27.302 Policy.

27.302-90 Processing of infringement claims.

SUBPART 27.4 – POLICY

27.402-90

27.409-91

27.409-92

SUBPART 27.6 – FOREIGN LICENSE AND TECHNICAL ASSISTANCE AGREEMENTS

27.675-91 Review of agreements.

SUBPART 27.71 – RIGHTS IN TECHNICAL DATA

27.7102 Commercial items, components, or processes.

27.7102-3 Contract clause.

27.000 Scope of section.

27.000-90 Authority.

The General Counsel, HQ DLA, is authorized to act for the Director, DLA, on all patent, copyright, rights in data, and trademark matters arising in the DLA. Any question on such matters shall be referred to the General Counsel, HQ DLA.

27.000-91 Supply of patented components as Government-furnished property (GFP).

When patented or proprietary components are required in end items purchased by DLA activities, particularly military type items, consideration may be given to furnishing such components as GFP.

SUBPART 27.2 – PATENTS

27.203 Patent indemnification of Government by contractor.

27.203-6 Waiver of indemnity by the Government.

Specific patents may be excluded in accordance with FAR 27.203-6 only with the prior approval of the General Counsel, HQ DLA.

27.204 Reporting of royalties - anticipated or paid.

Counsel for the contracting activity concerned will forward to the General Counsel, HQ DLA, a copy of each royalty report received in accordance with FAR 27.204 which indicated that royalties in excess of $250 have been paid or are to be paid to any person or firm.

27.205 Adjustment of royalties.

The report required by FAR 27.205 shall be made to counsel for the contracting office concerned who shall forward the report to the General Counsel, HQ DLA, for appropriate action.

SUBPART 27.3 – PATENT RIGHTS UNDER GOVERNMENT CONTRACTS

27.302 Policy.

27.302-90 Processing of infringement claims.

(a) Any direct or indirect charge or threat of patent, trademark, or copyright infringement received by any contracting office, shall be referred to counsel for the activity who will notify and coordinate all actions on such cases with the General Counsel, HQ DLA.

(b) The General Counsel, HQ DLA is hereby authorized to make acquisitions in accordance with 10 U.S.C. 2386 and to enter into agreements in settlement of claims under the Foreign Assistance Act of 1961 (22 U.S.C. 2356) and 35 U.S.C. 181-188. The General Counsel, HQ DLA shall coordinate with the Departments of the Army, Navy, and Air Force in the processing and final disposition of each claim.

27.402-90 POLICY.

(a) Specific manufacturers have allowed the government to use their technical data for the competitive procurement of replenishment spare parts. The government and manufacturers have entered into agreements which allow contracting activities to provide proprietary technical data to potential bidders/offerors after having received a guarantee from the bidders/offerors that such data will be returned or destroyed, as required by the individual license agreements.

(b)Insert the clause 52.227-9008, Restriction on Use of FN Herstal Technical Data, in all solicitations and awards when FN Herstal technical data will be used. Use with DFARS 252.227-7025.

(c)Insert the clause 52.227-9005, Restrictions on Use of Boeing Rights Guard Technical Data, in all solicitations and awards when Boeing technical data will be used. This clause shall not be used for acquisitions conducted using FAR Part 12. Use with DFARS 252.227-7013 (Rights in Technical Data)and DFARS 252.227-7025.

(d)Insert the clause 52.227-9007, Restrictions on Use of OTO Melara-Limited Rights Technical Data, in all solicitations and awards when OTO Melara technical data will be used. Use with DFARS 252.227-7025.

(e)Insert the clause 52.227-9006, Use of Colt Industries Restricted Technical Data, in all solicitations and awards when Colt Industries technical data will be used. Use with DFARS 252.227-7025. Use with DFARS 252.227-7025.

27.409-90 Solicitation Provisions and Contract Clauses

Insert the clause 52.227-9002, Data – English Language, in all solicitations and in awards when Rights in Data is used.

27.409-91

Insert the clause 52.227-9003, In Plant Equipment (IPE) Contract Data Requirements, in RFQs for CRC FSG 34 IPE. Buyer will insert the number of days for approval as cited on the DD Form 1423. If contract data is not to be furnished by the contractor, insert “NOT APPICABLE”.

27.409-92 Solicitation Provisions and Contract Clauses.

Insert the clause 52.227-9004, Demilitarization – Small Arm Weapons and Parts and Accessories (Category I – Munitions List Items), in Solicitations, Negotiated Contracts, and Purchase Orders pertaining to Significant Military Equipment or Munitions List Items.

SUBPART 27.6 – FOREIGN LICENSE AND TECHNICAL ASSISTANCE AGREEMENTS

27.675-91 Review of agreements.

Proposed foreign license and technical assistance agreements between domestic concerns and foreign governments or concerns forwarded to the DLA under the provisions of DFARS 227.675-2 shall be referred to the General Counsel, HQ DLA for action in accordance with DFARS 227.675-1.

SUBPART 27.71 – RIGHTS IN TECHNICAL DATA

27.7102 Commercial items, components, or processes.

27.7102-3 Contract Clause.

(a)(90) The Contracting Officer may use the clause at 52.227-9001, Evaluation of Manuals, in acquisitions that require the procurement of commercial manuals.

(a)(91) Commercial manuals for naval shipboard use items. The clause at 52.227-9000, Commercial Manuals for Naval Shipboard Use Items, may be used in solicitations, purchase orders, and negotiated contracts for items in FSCs 4110 and 73XX when the PR trailer: 1. cites a "1" in the TMC field and/or indicates that a commercial manual is required and 2. the PID indicates that the item is for naval shipboard use. DD FORM 1423, DD FORM 1664 (or form 1664) , and Commercial Manual Distribution Form must also be included when clause 52.227-9000 is used.