9-102.2 9-103 Authorization and Consent in Contracts for Patent Indemnification of Government by Contractor. 9-103.1 Patent Indemnification in Formally Adver- 9:2 9:3 Status Part 2-Rights in Technical and Other Data and Copyrights 9-206 Contracts With Foreign Sources to be Performed Outside the 9:35 9-302 9-303 Foreign License and Technical Assistance Agreements 9:37 9:38 9-304 Foreign License and Technical Assistance Agreements 9:38 9-304.1 International Traffic in Arms Regulations. 9:39 9-304.2 Review of Agreements 9:39 Part 4-Processing Licenses, Assignments, and Infringement Claims 9-401 Policy....... 9:42 9-402 Statutes Pertaining to Administrative Claims of Infringement..... 9:42 9-403 9-404 Claims for Copyright Infringement..... 9:42 Requirements for Filing an Administrative Claim for Patent In- 9:42 ARMED SERVICES PROCUREMENT REGULATION Paragraph Page 9-405 Indirect Notice of Patent Infringement Claims....... 9:44 9-406 9-407 Investigation and Administrative Disposition of Claims 9:44 9:45 9-411 Procurement of Rights in Inventions, Patents and Copyrights..... 9:50 Part 5-Acquisition of Technical Data and Computer Software Part 6-Rights in Computer Software Acquired Under Contract 9-607 Contracts With Foreign Sources to be Performed Outside the 9:59 ARMED SERVICES PROCUREMENT REGULATION SECTION IX PATENTS, DATA, AND COPYRIGHTS 9-000 Scope of Section. This Section sets forth policies, instructions, and contract clauses pertaining to patents, data, and copyrights in connection with the procurement of supplies and services. 9-000 ARMED SERVICES PROCUREMENT REGULATION PATENTS, DATA, AND COPYRIGHTS Part 1-Patents 9-100 Scope of Part. This Part prescribes contract clauses and instructions which define and implement the policy of the Department of Defense with respect to (i) inventions made in the course of experimental, developmental, or research work performed under Government contracts; (ii) patent infringement liability resulting from work performed by or for the Government; (iii) royalties payable in connection with the performance of Government contracts; (iv) security requirements covering patent applications containing classified subject matter filed by contractors. 9-101 Reserved. 9-102 Authorization and Consent. (a) Under 28 U.S.C. 1498, any suit for infringement of a United States patent based on the manufacture or use by or for the United States of an invention described in and covered by a patent of the United States by a contractor or by a subcontractor (including lower-tier subcontractors) can be maintained only against the Government in the Court of Claims, and not against the contractor or subcontractor, in those cases where the Government has authorized or consented to the manufacture or use of the patented invention. Accordingly, to insure that work by a contractor or subcontractor under a Government contract may not be enjoined by reason of patent infringement, authorization and consent shall be given as herein provided. The liability of the Government for damages in any such suit against it may, however, ultimately be borne by the contractor or subcontractor in accordance with the terms of any patent indemnity clause also included in the contract, and an authorization and consent clause does not detract from any patent indemnification commitment by the contractor or subcontractor. Therefore, both a patent indemnity clause and an authorization and consent clause may be included in the same contract. (b) Any provision whereby the Government expressly agrees to indemnify the contractor against liability for patent infringement shall not be included in a contract. (c) An authorization and consent clause shall not be used in contracts where both complete performance and delivery are to be outside the United States, its possessions, or Puerto Rico. 9-102.1 Authorization and Consent in Contracts for Supplies or Services. The contract clause in 7-103.22 shall be included in all contracts for supplies or services (including construction or architect-engineering work, see 18-902.1) except: (i) when prohibited by 9-102(c); or (ii) in contracts for experimental, developmental, or research work in which the clause in 7-302.21 is required. 9-102.2 Authorization and Consent in Contracts for Research or Development. Greater latitude in the use of patented inventions may be necessary in a contract for experimental, developmental, or research work than in a contract for supplies. 9-102.2 ARMED SERVICES PROCUREMENT REGULATION |