Patent Practices of the Department of Defense: Preliminary Report of the Subcommittee on Patents, Trademarks, and Copyrights of the Committee on the Judiciary, United States Senate, Eighty-seventh Congress, 1st Session, Pursuant to S. Res. 55

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Page 44 - subcontract), of any invention described in and covered by a patent of the United States (i) embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract, or (ii) utilized in the machinery, tools, or methods the use of
Page 44 - ture of any invention described in and covered by a patent of the United States in the performance of this contract or any part hereof or any amendment hereto or any subcontract hereunder (including any lower-tier subcontract). 9-103 Patent Indemnification of Government by Contractor. In order
Page 46 - contract is in excess of $5,000, the Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs, for infringement of any United States letters patent (except letters patent issued upon an application which is now or may hereafter be kept secret or otherwise withheld from issue by order of the Government) arising out of
Page 44 - necessarily results from compliance by the Contractor or the using subcontractor with (a) specifications or written provisions now or hereafter forming a part of this contract, or (b) specific written instructions given by the Contracting Officer directing the manner of performance. The Contractor's entire liability to the
Page 73 - 9-204.2, 9-204.3, or 9-205, the clause set forth below shall be included in all contracts under which (i) technical information including reports, drawings, blueprints or other data is specified to be delivered to the Government, and (ii) the work is to be performed outside the United States, its possessions, or Puerto Rico, regardless of the place of delivery.
Page 72 - 1 July 1960 DATA AND COPYRIGHTS 925 Schedule of the contract will specify the data to be required in accordance with 9-202. l(c). (i) Data need not be furnished for standard commercial items or services which are normally or have been sold or offered to the public commercially by any supplier and which
Page 53 - and such other papers as are deemed necessary to vest in the Government the Contractor's right, title, and interest aforesaid, and the right to apply for and prosecute patent applications covering such Invention throughout the world, subject, however, to the rights of the Contractor in foreign applications as provided in (e) below, and subject further to the reservation of a
Page 44 - for infringement of a patent of the United States shall be determined solely by the provisions of the indemnity clause, if any, included in the contract and the Government assumes liability for all other infringement to the extent
Page 64 - In addition, if specifically requested by the contracting officer prior to execution of the contract, a copy of the current license agreement and identification of applicable claims of specific patents shall be furnished. b. Where the work is to be performed in the United States, its possessions, or Puerto
Page 54 - If the Contractor fails to deliver to the Contracting Officer the interim reports required by (c)(ii) above, or fails to furnish the written disclosures for all Subject Inventions required by (c)(i) above shown to be due in accordance with any interim report delivered under (c) (ii) or otherwise known to be

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