# PART 3027—PATENTS, DATA, AND COPYRIGHTS

Authority: 5 U.S.C. 301–302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 CFR subpart 1.3.

Source: 68 FR 67871, Dec. 4, 2003, unless otherwise noted.

Subpart 3027.2—Patents

3027.205 Adjustment of royalties.

3027.208 Use of patented technology under the North American Free Trade Agreements.

Subpart 3027.3—Patent Rights under Government Contracts

3027.304-1 General.

3027.304-5 Appeals.

3027.305 Administration of Patent Rights Clauses.

3027.305-4 Conveyance of invention rights acquired by the Government.

3027.306 Licensing background patent rights to third parties.

Subpart 3027.4—Rights in Data and Copyrights

3027.404 Basic rights in data clause.

3027.409 Solicitation provisions and contract clauses.

## Subpart 3027.2—Patents

### 3027.205 Adjustment of royalties.

(a) Reports shall be made to Component legal counsel. Contracting Officers shall coordinate actions with the COCO and HCA.

### 3027.208 Use of patented technology under the North American Free Trade Agreements.

(f) Contracting officers shall ensure compliance.

## Subpart 3027.3—Patent Rights under Government Contracts

### 3027.304-1 General.

Interim and final invention reports and notification of all subcontracts for experimental, developmental, or research work (FAR) 48 CFR 27.304–1(e)(2)(ii) may be submitted on DD Form 882, Report of Inventions and Subcontracts.

### 3027.304-5 Appeals.

(a) Contracting officers are authorized to take the specified actions.

(b) Appeals shall be made to the CPO.

### 3027.305 Administration of Patent Rights Clauses.

### 3027.305-4 Conveyance of invention rights acquired by the Government.

The contracting officer shall ensure that solicitations and contracts which include a patent rights clause include a means for the contractor to report inventions made in the course of contract performance and at contract completion. This requirement may be fulfilled by requiring the contractor to submit a DD Form 882, Report of Inventions and Subcontract.

### 3027.306 Licensing background patent rights to third parties.

(b) The CPO shall make the required determinations and notifications under this subpart.

## Subpart 3027.4—Rights in Data and Copyrights

### 3027.404 Basic rights in data clause.

(f)(1)(iii) The DHS will use Alternate IV of the (FAR) 48 CFR clause 52.227–14 in all contracts containing the basic clause, unless the HCA approves an exclusion. Approval at a level above the contracting officer is required for the contract to exclude items or categories of data from Alternative IV.

### 3027.409 Solicitation provisions and contract clauses.

Alternate IV of the (FAR) 48 CFR clause 52.227–14 shall be included in solicitations and contracts containing the basic clause unless the HCA approves an exclusion. Additional non-conflicting alternates may be used.