DATE: September 30, 2004

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Ownership of Patent Rights by the Contractor

SOURCE: Federal Register, September 30, 2004, Vol. 69, No. 189, page 58377

AGENCIES: Department of Defense (DOD)

ACTION: Proposed Rule

SYNOPSIS: DOD is proposing to incorporate Federal Acquisition Regulation (FAR) 52.227-12, Patent Rights -- Retention by the Contractor (Long Form), into the DFARS because there is a proposed rule that would remove the clause from the FAR.

EDITOR'S NOTE: For more on the proposed rule that would remove FAR 52.227-12, see the May 28, 2003, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Regulation (FAR); Rewrite of FAR Part 27 in Plain Language."

DATES: Comments on the proposed rule must be submitted by November 1, 2004.

ADDRESSES: Respondents may submit comments directly on either the web site at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm or at http://www.regulations.gov. As an alternative, respondents may e-mail comments to: dfars@acq.osd.mil. Also, respondents who cannot submit comments through the web site or by e-mail may submit comments to Defense Acquisition Regulations Council, Attn: Amy Williams, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; by fax to 703-602-7887 (alternate fax: 703-602-0350); or by hand delivery/courier to Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Cite "DFARS Case 2001-D015" when making comments on this proposed rule.

FOR FURTHER INFORMATION CONTACT: Amy Williams, 703-602-0328.

SUPPLEMENTAL INFORMATION: On May 28, 2003, a proposed rule was published that would rewrite FAR Part 27. Among the changes proposed was the removal of FAR 52.227-12, Patent Rights -- Retention by the Contractor (Long Form), because DOD is the only agency that uses the clause. DOD includes the clause in contracts awarded to large businesses for experimental, developmental, or research work.

This proposed rule would add DFARS 252.227-70XX, Patent Rights -- Ownership by the Contractor (Large Business), which is substantially the same as FAR 52.227-12 except for some changes to reflect current statutory provisions (such as changing "domestic university" to "university" because the word "domestic" does not appear in the statutory definition at 35 U.S.C. 201(i)) and minor changes in the proposed FAR Part 27 rewrite (such as changing the term "convey" to "assign" with regard to transfer of title to a subject invention).

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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