A Patent is a form of intellectual property that consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention. [1]

Website: FAR Subpart 27.3 – Patent Rights under Government Contracts

Website: US Patent and Trademark Office

The procedure for granting patents, the requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims defining the invention which must meet the relevant patentability requirements such as novelty and non-obviousness. The exclusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission.

A patent rights clause is required in all solicitations and contracts for experimental, developmental, or research work. The standard clause is at FAR 52.227-11 “Patent Rights–Ownership by the Contractor”, and is authorized by FAR 27.303(b)(1). There are exceptions noted to the use of the standard clause, as in the case of an overseas contractor or unique agency procedures. See FAR 27.303 (c) through (e) for coverage of these unique circumstances.

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Updated: 6/25/2018

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