FAR part 27 Deck 1 (Patents Data and Copyrights)

Question 1

What does Part 27 of the Federal Acquisition Regulation pertain to?

Answer 1

Policies, procedures, solicitation provisions, and contract clauses pertaining to patents, data, and copyrights.

Question 2

Define ‘United States’ as used in Part 27.

Answer 2

The 50 States and the District of Columbia, U.S. territories and possessions, Puerto Rico, and the Northern Mariana Islands.

Question 3

Who does Part 27 apply to?

Answer 3

All agencies, with the possibility of adopting alternative policies.

Question 4

True or False: The Government will refuse to award a contract if the contractor may infringe a patent.

Answer 4

False.

Question 5

What rights does the Government recognize in data developed at private expense?

Answer 5

Rights in data developed at private expense are recognized, limiting demands for delivery.

Question 6

What is the exclusive remedy for patent or copyright infringement by or on behalf of the Government?

Answer 6

A suit for monetary damages against the Government in the Court of Federal Claims.

Question 7

Fill in the blank: The Government may authorize and consent to a contractor’s use or manufacture of inventions covered by U.S. patents by inserting the clause at _______.

Answer 7

[52.227-1, Authorization and Consent]

Question 8

What clause requires contractors to notify the Government of patent or copyright infringement claims?

Answer 8

[52.227-2, Notice and Assistance Regarding Patent and Copyright Infringement]

Question 9

What is the purpose of the clause at 52.227-3?

Answer 9

To require contractors to reimburse the Government for liability for patent infringement.

Question 10

What does the clause at 52.227-6 require from prospective contractors?

Answer 10

To furnish royalty information to determine if royalties are excessive or improper.

Question 11

What must the Government provide to prospective offerors when obligated to pay a royalty on a patent?

Answer 11

• Notice of the license
• The number of the patent
• The royalty rate cited in the license.

Question 12

What actions should a contracting officer take if royalties are inconsistent with Government rights?

Answer 12

Report the facts and act to protect the Government against payment of improper royalties.

Question 13

What does the clause at 52.227-9 establish?

Answer 13

Procedures to pay the contractor royalties and recover unpaid royalties.

Question 14

Fill in the blank: The clause at 52.227-4 is for _______ Contracts.

Answer 14

[Patent Indemnity-Construction]

Question 15

What is required for contracts that may result in commercial products or services?

Answer 15

The insertion of the clause at 52.227-3, Patent Indemnity.

Question 16

What is the purpose of the clause at 52.227-7?

Answer 16

To provide notice of Government licensee to other offerors when the Government is obligated to pay royalties.

Question 17

What actions may the contracting officer take regarding patent indemnity?

Answer 17

• Include a patent indemnity clause
• Exempt specific U.S. patents from indemnity.

Question 18

What does the Government require from contractors regarding copyrighted works?

Answer 18

Permission from copyright owners before including copyrighted works in delivered data.

Question 19

What does Subpart 27.3 address?

Answer 19

Patent Rights under Government Contracts.

Question 20

What security requirements exist for patent applications containing classified subject matter?

Answer 20

Unauthorized disclosure may violate espionage laws.

Question 21

What is the role of the cognizant office in relation to royalty information?

Answer 21

To advise the contracting officer on appropriate actions regarding royalty information.

Question 22

What is the definition of ‘Invention’ as used in the context of government contracts?

Answer 22

Any invention or discovery that is or may be patentable or otherwise protectable under title 35 of the U.S. Code, or any variety of plant that is or may be protectable under the Plant Variety Protection Act.

Question 23

What does ‘Made’ refer to in relation to inventions?

Answer 23

For inventions other than a plant variety, it means the conception or first actual reduction to practice of the invention. For a plant variety, it means the contractor has tentatively determined that the variety has been reproduced with recognized characteristics.

Question 24

What is the meaning of ‘Nonprofit organization’ in this context?

Answer 24

A university or institution of higher education, or an organization described in section 501(c)(3) of the Internal Revenue Code and exempt from taxation under section 501(a).

Question 25

What is 'Practical application' in the context of inventions?

Answer 25

To manufacture, practice, or operate the invention under conditions that establish it is being utilized and its benefits are available to the public on reasonable terms.

Question 26

What is a 'Subject invention'?

Answer 26

Any invention of the contractor made in the performance of work under a Government contract.

Question 27

What are the six policies and objectives of the Government regarding patents?

Answer 27

* Promote the use of inventions from federally supported research * Encourage maximum participation of industry * Ensure inventions promote free competition * Promote commercialization and public availability * Obtain sufficient rights to meet Government needs * Minimize costs of administering patent policies.

Question 28

Under what conditions can a contractor elect to retain title to a subject invention?

Answer 28

After required disclosure to the Government, generally, unless specified otherwise in the contract.

Question 29

What is the Government's right regarding title to a subject invention?

Answer 29

The Government has the right to receive title if the contractor has not disclosed the invention within the specified time or fails to file a patent application in a specified time.

Question 30

Fill in the blank: The Government shall have at least a ______ license to practice any subject invention.

Answer 30

nonexclusive, nontransferable, irrevocable, paid-up

Question 31

What are 'march-in rights'?

Answer 31

Agencies' rights to require a contractor to grant a license to responsible applicants if the contractor has not taken effective steps to achieve practical application of the subject invention.

Question 32

True or False: Nonprofit organization contractors are expected to attract small business licensees.

Answer 32

True

Question 33

What is required for a contractor to grant an exclusive right to use or sell any subject invention in the United States?

Answer 33

The person must agree that products embodying the subject invention will be manufactured substantially in the United States.

Question 34

What happens if the contractor's domestic license is revoked?

Answer 34

It may be revoked to achieve practical application of the subject invention if a third party submits a proper application for an exclusive license.

Question 35

What is the significance of confidentiality regarding inventions?

Answer 35

Publishing information before filing a patent application may bar a valid patent; agencies may withhold information from the public that discloses any invention owned by the Government.

Question 36

What is the clause at 52.227-10?

Answer 36

Filing of Patent Applications-Classified Subject Matter, to be inserted in classified solicitations and contracts.

Question 37

What must a contracting officer do when receiving a patent application containing classified subject matter?

Answer 37

Ascertain the proper security classification and inform the contractor on how to transmit the application to the U.S. Patent Office.

Question 38

What is the role of legal counsel in the process of classified patent applications?

Answer 38

To provide procedures for transmitting classified applications and to ensure security of the application.

Question 39

What is the requirement for the Government if a contractor decides not to continue prosecution of a patent?

Answer 39

The Government may receive title to the invention.

Question 40

What is the purpose of the United States-Mexico-Canada Agreement regarding patented technology?

Answer 40

To consult legal counsel when questions arise regarding the use of patented technology.

Question 41

What does Article 31 of Annex 1 C of GATT address?

Answer 41

Situations where the law allows use of a patent without authorization, including use by the Government.

Question 42

What may create a bar to a valid patent?

Answer 42

Publishing information concerning an invention before a patent application is filed ## Footnote This highlights the importance of confidentiality in patent applications.

Question 43

How long may agencies withhold information about inventions?

Answer 43

For a reasonable time to file a patent application ## Footnote This ensures that the invention can be protected before public disclosure.

Question 44

What is required in all solicitations and contracts for experimental, developmental, or research work?

Answer 44

Insert a patent rights clause ## Footnote This clause clarifies ownership and rights regarding inventions created during the contract.

Question 45

What types of construction work do not require a patent rights clause?

Answer 45

Standard types of construction ## Footnote Standard types involve previously developed equipment and methods without significant novel features.

Question 46

What clause should be used unless an alternative is specified?

Answer 46

The clause at 52.227-11, Patent Rights-Ownership by the Contractor ## Footnote This clause outlines the ownership of inventions created during the contract.

Question 47

What must contractors provide periodically according to the patent rights clause?

Answer 47

Listings of all subject inventions ## Footnote This helps the government track inventions developed under the contract.

Question 48

What additional information may be required from contractors regarding patent applications?

Answer 48

Filing date, serial number, title, patent number, and issue date ## Footnote This ensures transparency and tracking of patent applications.

Question 49

What clause is used if the Government must grant a foreign government a sublicense?

Answer 49

The clause with its Alternate I ## Footnote This is necessary for international agreements involving inventions.

Question 50

Under what conditions can the clause at 52.227-13 be used?

Answer 50

When the contractor is not located in the U.S. or is subject to foreign control ## Footnote This clause is designed for specific security or national interest circumstances.

Question 51

What is required if a small business concern or nonprofit organization is involved?

Answer 51

Use the clause at 52.227-11 with necessary modifications ## Footnote This ensures that the rights of small entities are protected while addressing exceptional circumstances.

Question 52

What must contractors submit regarding subcontracts for experimental work?

Answer 52

Interim and final invention reports listing subject inventions ## Footnote This ensures that all inventions are reported and tracked throughout the contract's duration.

Question 53

What does the contracting officer need to do if the contract includes the operation of a Government-owned facility?

Answer 53

Use the clause with its Alternate IV ## Footnote This clause addresses specific operational contexts for government facilities.