What FAR Part 27 - Patents, Data, and Copyrights (Bayh-Dole Act at 35 USC 200-212, March-In Rights at 35 USC 203, US Manufacturing Preference at 35 USC 204, Rights in Data under 52.227-14, 28 USC 1498 Infringement Liability) requires
Federal Acquisition Regulation (FAR) Part 27 governs patent, data, and copyright rights in federal contracts and applies to all executive agencies for patents and copyrights (Subparts 27.2, 27.3, 27.5) and to civilian agencies for rights…
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Pillar: Public Sector & Government Procurement · Authority: Federal Acquisition Regulatory Council (DOD, GSA, NASA) issuing the Federal Acquisition Regulation under 41 USC 1303 and 48 CFR Chapter 1; United States Patent and Trademark Office under 35 USC and 37 CFR Part 401 implementing the Bayh-Dole Act; National Institute of Standards and Technology administering Bayh-Dole interagency reports under 37 CFR 401; United States Copyright Office under 17 USC; Department of Justice and the Court of Federal Claims under 28 USC 1498 for patent and copyright infringement claims against the Government · Version: 1.0.0 · Last updated:
Primary source: https://www.acquisition.gov/far/part-27
SHA-256 integrity: 43189696fb7fd46d52764ad3a2af3adc5e1b751ac42329c37b9fa066fd27aa69
Primary Citations — 7 traced to source
- FAR Part 27 Section 27.302(b)(1) (Bayh-Dole policy - contractor right to elect title): 'Each contractor may, after required disclosure to the Government, elect to retain title to any subject invention.' Subject to the exceptions in 27.302(b)(2) for non-US-located contractors, exceptional circumstances, foreign intelligence or counterintelligence security restrictions, DOE naval nuclear or weapons programs, and other statutory or agency regulation authorisation.
- FAR Part 27 Section 27.302(f) (March-in rights under 35 USC 203): 'Agencies may exercise march-in rights only if the agency determines that this action is necessary' due to: contractor failure to achieve practical application of the subject invention; unmet health or safety needs; unmet federal regulatory requirements for public use; or licensee breach of the US manufacturing preference agreement required by 35 USC 204. The contractor is entitled to reasonable time to present facts and show cause before agency action.
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- Discovery (free): /api/v1/nodes/us-far-part-27-patents-data-copyrights.json — 6-field metadata
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