Hello and thank you for joining us for our first fifteen Episodes of Fun with the FAR Season 10!
Our next session will cover: FAR Part 27 (Patents, Data, and Copyrights)
As we prepare for our sixteenth episode of Season 10, here are a few FAR Facts for us to think about:
- The Government may authorize and consent to a contractor’s use of inventions in the performance of a Federal Government contract even though such use would violate a third party’s U.S. patent. FAR 27.102(b) and FAR 52.227-1.
- The exclusive remedy for patent or copyright infringement by or on behalf of the Government is a suit for monetary damages against the Government in the U.S. Court of Federal Claims. There is no injunctive relief available. FAR 27.201-1.
- A contractor must disclose each subject invention either within two months after the inventor discloses it in writing to the contractor’s personnel responsible for patent matters, or within six months after the contractor becomes aware that a subject invention has been made, whichever is earlier. FAR 52.227-11(c).
- The term “data” referred throughout FAR subpart 27.4 (Rights in Data and Copyrights) does not include information incidental to contract administration such as financial, administration, cost or pricing, or management information. FAR 27.401.
- All contracts that require data to be produced, furnished, acquired, or sued in meeting contract performance requirements, must contain terms that delineate the respective rights and obligations of the Government and the contractor regarding the use, reproduction and disclosure of that data. FAR 27.403.
- As a general rule, any data or computer software that is not delivered with a proper limited rights or restricted rights legend may be used by the Government with unlimited rights. FAR 27.404-5(b) and FAR 52.227-14.
- FAR Part 27 prescribed data right clauses are not required to be included in acquisition for commercial computer software. FAR 27.405-3(a). Those contracts generally will include the contractor’s standard commercial software license terms subject to the terms set forth at 52.212-4.