FAR part 27 Deck 2 (Patents Data and Copyrights)

Question 1

What may an agency require if it questions the size or nonprofit status of a prospective contractor?

Answer 1

The agency may require the prospective contractor to furnish evidence of its nonprofit status or may file a size protest in accordance with FAR 19.302.

FAR stands for Federal Acquisition Regulation.

Question 2

What must an agency follow before using exceptions under 27.303(e)(1) in a contract with a small business concern or nonprofit organization?

Answer 2

The agency shall follow the applicable procedures at 37 CFR 401.

CFR stands for Code of Federal Regulations.

Question 3

What rights may a contractor request if a contract contains the clause at 52.227-13?

Answer 3

The contractor (or an employee-inventor of the contractor) may request greater rights to an identified invention.

This clause pertains to Patent Rights-Ownership by the Government.

Question 4

What objectives should a contracting officer consider when determining requests for greater rights?

Answer 4

• Promoting the utilization of inventions arising from federally supported research and development
• Ensuring that inventions promote full and open competition and free enterprise
• Promoting public availability of inventions made in the U.S.
• Ensuring the Government obtains sufficient rights to meet its needs

See 37 CFR 401.3(b) and 401.15 for more details.

Question 5

What happens if the contractor elects not to retain title to a subject invention?

Answer 5

The agency may consider and grant requests for retention of rights by the inventor after consultation with the contractor.

Subject to conditions in the clause at 52.227-11.

Question 6

What is required before revoking or modifying a contractor’s minimum rights?

Answer 6

The contracting officer must furnish the contractor a written notice of intention and allow at least 30 days to show cause against the revocation or modification.

Relevant regulations are in 37 CFR part 404.

Question 7

True or False: Agencies must follow specific procedures when exercising march-in rights.

Answer 7

True.

Procedures are set forth in 37 CFR 401.6.

Question 8

What does paragraph (i) of the clause at 52.227-11 stipulate for contractors that are nonprofit organizations?

Answer 8

Certain contractor actions require agency approval.

This relates to licenses and assignments under contracts.

Question 9

What should a request from one Government agency to another include when awarding a contract?

Answer 9

• Explanation of special circumstances surrounding the contract
• Specification of the patent rights clause to be used

The clause may be modified as necessary in accordance with policies and procedures.

Question 10

Fill in the blank: The policies and procedures in this subpart apply to all _______.

Answer 10

subcontracts at any tier.

Question 11

What is Government policy regarding contractors using their ability to award subcontracts?

Answer 11

Contractors shall not use their ability to award subcontracts as economic leverage to acquire rights for themselves in inventions resulting from subcontracts.

Question 12

What must the designated agency official provide when taking actions such as refusing to grant an extension to the invention disclosure period?

Answer 12

A written statement of the basis, including relevant facts, for taking the action.

Question 13

What should agency appeal procedures include?

Answer 13

Administrative due process procedures and standards for fact-finding.

Question 14

What are the goals of administering contracts with a patent rights clause?

Answer 14

• Inventions are identified, disclosed, and reported
• The rights of the Government in subject inventions are established
• Patent applications are timely filed and prosecuted
• Rights in filed patent applications are documented
• Expeditious commercial utilization of subject inventions is achieved.

Question 15

Who is responsible for receiving invention disclosures and reports according to a patent rights clause?

Answer 15

The contracting officer administering the contract or a designated representative.

Question 16

What should follow-up activities include for contracts with patent rights clauses?

Answer 16

• Interviewing agency technical personnel
• Reviewing technical reports submitted by contractors
• Checking patents issued to the contractor
• Interviewing contractor personnel and inspecting related records.

Question 17

What must agencies do to protect the Government’s interest in subject inventions?

Answer 17

Implement procedures to establish a clear chain of title from the inventor to the Government.

Question 18

What may the Government withhold from disclosure according to 35 U.S.C. 205?

Answer 18

Invention disclosures reported under the patent rights clauses for a reasonable time.

This allows time for patent applications to be filed.

Question 19

What is required for a contract with a small business concern or nonprofit organization to allow licensing to third parties?

Answer 19

Approval and signed written justification by the agency head.

Question 20

What must the agency notify the contractor of when a determination regarding licensing is made?

Answer 20

The determination must be made on the record after an opportunity for a hearing, including a statement about the need for judicial review.

Question 21

What is the scope of subpart 27.4?

Answer 21

It sets forth policies and procedures regarding rights in data and copyrights, and acquisition of data.

Question 22

What must the agency provide to the contractor regarding the determination?

Answer 22

Notification by certified or registered mail including a statement that the contractor must bring any action for judicial review within 60 days.

This is a procedural requirement to ensure timely legal recourse for contractors.

Question 23

What does ‘Data’ mean as defined in this subpart?

Answer 23

Recorded information, regardless of form or media, including technical data and computer software, excluding incidental information for contract administration.

This definition clarifies what types of information are considered data under the policy.

Question 24

Define ‘Limited rights’ as used in this subpart.

Answer 24

Rights of the Government in limited rights data as set forth in a Limited Rights Notice.

Limited rights data refers to specific data that has restrictions on its use.

Question 25

What are 'Limited rights data'?

Answer 25

Data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, developed at private expense. ## Footnote This definition is crucial for understanding the protection of sensitive data.

Question 26

What does 'Restricted computer software' refer to?

Answer 26

Computer software developed at private expense that is a trade secret or is commercial, financial, and confidential or privileged. ## Footnote This classification impacts how software can be used and shared.

Question 27

What are 'Unlimited rights'?

Answer 27

Rights of the Government to use, disclose, reproduce, prepare derivative works, and distribute copies to the public for any purpose. ## Footnote This grants the Government extensive control over the data.

Question 28

What are the five reasons agencies require data according to 27.402?

Answer 28

* Obtain competition among suppliers * Fulfill responsibilities for disseminating and publishing results * Ensure appropriate utilization of research results * Meet programmatic and statutory requirements * Meet specialized acquisition needs and ensure logistics support ## Footnote These reasons highlight the importance of data in government operations.

Question 29

True or False: Contractors may have proprietary interests in data.

Answer 29

True ## Footnote This emphasizes the need for agencies to protect proprietary data.

Question 30

What must all contracts that require data include?

Answer 30

Terms delineating the respective rights and obligations of the Government and the contractor regarding data use, reproduction, and disclosure. ## Footnote This ensures clarity in data rights.

Question 31

What types of data does the Government acquire unlimited rights in?

Answer 31

* Data first produced in contract performance * Form, fit, and function data * Manuals or instructional materials * All other data delivered under the contract, excluding limited rights data and restricted computer software ## Footnote Understanding what data falls under unlimited rights is crucial for contractors.

Question 32

Fill in the blank: The basic clause at 52.227-14 enables the contractor to protect qualifying limited rights data and restricted computer software by _______.

Answer 32

withholding the data from the Government ## Footnote This clause provides a mechanism for contractors to maintain control over sensitive information.

Question 33

What is the purpose of the provision at 52.227-15?

Answer 33

To help the contracting officer determine whether to use the clause at 52.227-14 with its Alternate II. ## Footnote This provision assists in identifying the need for limited rights data.

Question 34

What is required before contractors can assert rights in any copyrighted work containing data first produced in a contract?

Answer 34

Permission of the contracting officer. ## Footnote This regulation ensures that the Government's interests are protected.

Question 35

What must contractors include in their request for permission to assert copyright?

Answer 35

* Identification of the data involved * Copies of the data * Statement of intended publication or dissemination media ## Footnote This information aids the contracting officer in making informed decisions.

Question 36

True or False: Alternate IV allows contractors to assert copyright in any data first produced in the performance of the contract without further requests.

Answer 36

True ## Footnote This provision streamlines the process for contractors in certain situations.

Question 37

What rights does the Government obtain for data first produced in a contract?

Answer 37

A paid-up nonexclusive, irrevocable, worldwide license to reproduce, prepare derivative works, distribute to the public, perform publicly, and display publicly, for all data except computer software. ## Footnote This grants substantial rights to the Government for data usage.

Question 38

What happens if copyright notices are not affixed to data when copyright is asserted?

Answer 38

The data could be treated as unlimited rights data. ## Footnote This highlights the importance of proper documentation in data rights.

Question 39

What must contractors affix to data when asserting copyright?

Answer 39

Applicable copyright notices of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship including the contract number ## Footnote Failure to do so could result in data being treated as unlimited rights data.

Question 40

What must contractors do before delivering data not first produced under the contract?

Answer 40

Acquire a copyright license for the data or obtain permission from the contracting officer ## Footnote This applies to data not first produced in the performance of a contract.

Question 41

What is the typical scope of the copyright license the Government acquires for data not first produced under the contract?

Answer 41

The same scope as discussed in paragraph (a)(4) of this subsection ## Footnote Agencies may obtain a license of different scope if determined necessary.

Question 42

What restrictions can agencies place on the contractor's rights in data first produced in contract performance?

Answer 42

Limitations or restrictions, including a requirement to assign copyright to the Government ## Footnote These restrictions must be expressly included in the contract.

Question 43

True or False: The Government can ignore unauthorized markings on data without inquiry.

Answer 43

False ## Footnote Agencies must make a written inquiry and allow 60 days for the contractor to justify the markings.

Question 44

What happens if data is delivered without a limited rights notice or copyright notice?

Answer 44

Presumed to have been delivered with unlimited rights ## Footnote The Government assumes no liability for disclosure, use, or reproduction of the data.

Question 45

What is required for a contractor to add omitted limited rights or restricted rights notices to data?

Answer 45

Identify the data, demonstrate inadvertent omission, establish authorization, and acknowledge Government's lack of liability ## Footnote This must be requested within 6 months.

Question 46

What is the purpose of the clause at 52.227-14 with Alternate V?

Answer 46

To provide the right to inspect data at the contractor's facility ## Footnote This right is valid up to 3 years after acceptance of all items.

Question 47

What types of contracts use the clause at 52.227-17, Rights in Data-Special Works?

Answer 47

Contracts for production or compilation of data for Government use or specific limitations ## Footnote Examples include audiovisual works and instructional materials.

Question 48

What does the clause at 52.227-18, Rights in Data-Existing Works, apply to?

Answer 48

Contracts for the acquisition of existing works without modification ## Footnote This includes audiovisual works, sound recordings, and literary works.

Question 49

When acquiring commercial computer software, what must the contract specifically address?

Answer 49

The Government's rights to use, disclose, modify, distribute, and reproduce the software ## Footnote Guidance for acquisition is provided in Section 12.212.

Question 50

Under what condition can contracting officers approve additions or limitations on restricted rights in a collateral agreement?

Answer 50

When a prime contractor acquires restricted computer software from a subcontractor ## Footnote This applies if the acquisition is for delivery to or use on behalf of the Government.

Question 51

What is the Government's practice regarding data requirements?

Answer 51

Determine data requirements in time for inclusion in solicitations ## Footnote These requirements may be revised during contract negotiations.

Question 52

What is the Government's practice regarding data requirements in solicitations?

Answer 52

To determine its data requirements in time for inclusion in solicitations, subject to revision during contract negotiations.

Question 53

What should the contracting officer specify in the contract regarding data requirements?

Answer 53

All known data requirements, including time and place for delivery and limitations on handling the data.

Question 54

In major system acquisitions, how should data requirements be set out?

Answer 54

As separate line items.

Question 55

What is the clause at 52.227-16 used for?

Answer 55

To enable the ordering of additional data as requirements become known in contracts for experimental, developmental, research, or demonstration work.

Question 56

What kind of data delivery requirements should not require unlimited rights?

Answer 56

Data that qualifies as limited rights data or restricted computer software.

Question 57

Under what circumstances may the clause at 52.227-16 be used?

Answer 57

In contracts where some data requirements cannot be ascertained at contract award.

Question 58

What is the timeframe for ordering data under the clause at 52.227-16?

Answer 58

At any time during contract performance or within 3 years after acceptance of all items.

Question 59

What rights does the clause at 52.227-23 grant the Government?

Answer 59

Unlimited rights to technical data in successful proposals.

Question 60

What does the clause at 52.227-21 implement?

Answer 60

41 U.S.C. 2302(e) regarding technical data declaration and withholding of payment for major systems.

Question 61

What is required for technical data developed exclusively with Federal funds?

Answer 61

Delivery of technical data needed for competitive acquisition of supplies or services.

Question 62

What should a contract generally contain regarding data rights clauses?

Answer 62

Only one data rights clause, distinguishing portions of contract performance if more than one is needed.

Question 63

What should be inserted in solicitations and contracts if data will be produced or acquired?

Answer 63

The clause at 52.227-14, Rights in Data-General.

Question 64

Under what condition can the clause at 52.227-17 be used?

Answer 64

For contracts primarily for the production or compilation of data for the Government's internal use.

Question 65

Fill in the blank: The Government should not order additional computer software under the clause at 52.227-16 for the sole purpose of _______.

Answer 65

disseminating or marketing the software to the public.

Question 66

What are some examples of contracting situations where data requirements may not be known at contract award?

Answer 66

* Experimental contracts * Developmental contracts * Research contracts * Demonstration contracts

Question 67

What may the contracting officer do regarding retention requirements for specified data items?

Answer 67

Relieve the contractor of the retention requirements at any time during the retention period.

Question 68

What must be reviewed upon delivery of technical data under the clause at 52.227-21?

Answer 68

The completeness, accuracy, and compliance of the technical data with contract requirements.

Question 69

True or False: The Government can require technical data from developers as a condition for procurement.

Answer 69

False.

Question 70

What is a potential guideline for a clause providing less than unlimited rights in data?

Answer 70

When the contractor contributes approximately 50 percent of the total cost of the contract.

Question 71

What is the purpose of cosponsored research and development contracts?

Answer 71

To require substantial contributions from the contractor and the Government.

Question 72

What should be considered when ordering software for internal purposes?

Answer 72

Not ordering particular source codes, algorithms, processes, formulas, or flow charts if it aids dissemination.

Question 73

What is the clause at 52.227-16 used for in contracts involving experimental work?

Answer 73

To order additional data as requirements become known.

Question 74

What is the threshold for a contracting officer to include the clause in the initial award?

Answer 74

The threshold is when the contracting officer believes the contract effort will exceed $500,000 in the future.

Question 75

What clause should be inserted in contracts primarily for the production or compilation of data for the Government's internal use?

Answer 75

Insert the clause at 52.227-17, Rights in Data-Special Works.

Question 76

Under what circumstances should the clause at 52.227-17 be inserted?

Answer 76

It should be inserted if existing works are to be modified, or when there is a specific need to limit distribution and use of the data.

Question 77

What types of works may include limitations in connection with talent releases and music licenses?

Answer 77

Contracts for the production of audiovisual works, sound recordings, etc.

Question 78

What clause is to be inserted in contracts exclusively for the acquisition of existing audiovisual and similar works?

Answer 78

Insert the clause at 52.227-18, Rights in Data-Existing Works.

Question 79

What are the limitations that may be set forth in contracts for existing works?

Answer 79

Limitations consistent with the purposes for which the work is being acquired.

Question 80

What clause may be inserted when acquiring commercial computer software?

Answer 80

Insert the clause at 52.227-19, Commercial Computer Software License.

Question 81

What is the requirement for contracts regarding commercial computer software?

Answer 81

The contract must contain terms to obtain sufficient rights for the Government.

Question 82

What clause should be included in all SBIR contracts awarded?

Answer 82

Insert the clause at 52.227-20, Rights in Data-SBIR Program.

Question 83

What is the SBIR protection period subject to?

Answer 83

The SBIR protection period may be extended in accordance with the Small Business Administration's policy directive.

Question 84

Which clause is to be inserted in contracts for major systems acquisitions?

Answer 84

Insert the clause at 52.227-21, Technical Data Declaration, Revision, and Withholding of Payment-Major Systems.

Question 85

What does the clause at 52.227-21 require?

Answer 85

It requires that the technical data to which it applies be specified in the contract.

Question 86

What clause should civilian agencies insert in contracts for major systems?

Answer 86

Insert the clause at 52.227-22, Major System-Minimum Rights.

Question 87

What clause should be inserted to acquire unlimited rights in technical data contained in a successful proposal?

Answer 87

Insert the clause at 52.227-23, Rights to Proposal Data (Technical).

Question 88

What must a contracting officer ensure if a proposal is incorporated by reference in the contract?

Answer 88

The contracting officer shall follow 27.404 to assure that the rights are appropriately addressed.

Question 89

What does 27.501 address regarding foreign technical assistance agreements?

Answer 89

It provides necessary policy and procedures regarding foreign technical assistance agreements and license agreements involving intellectual property.

Question 90

What should agencies avoid regarding foreign technical assistance agreements?

Answer 90

Agencies should avoid unnecessary royalty charges.