PART 1827

# PATENTS, DATA, AND COPYRIGHTS

# TABLE OF CONTENTS

1827.000 Scope of part.

**SUBPART [1827.3](#OLE_LINK1) PATENT RIGHTS UNDER** **GOVERNMENT
CONTRACTS**

1827.301 Definitions.

1827.302 Policy.

1827.303 Contract clauses.

1827.303-70 NASA solicitation provisions and contract clauses.

1827.304 Procedures.

1827.304-1 General.

1827.304-2 Contracts placed by or for other Government agencies.

1827.304-3 Contracts for construction work or architect-engineer
services.

1827.304-4 Subcontracts.

1827.304-5 Appeals.

1827.305 Administration of the patent rights clauses.

1827.305-3 Follow-up by Government.

1827.305-370 NASA patent rights and new technology follow-up procedures.

1827.305-371 New technology reporting plan.

1827.305-4 Conveyance of invention rights acquired by the Government.

**SUBPART [1827.4](#OLE_LINK4) RIGHTS IN DATA AND COPYRIGHTS**

1827.404 Basic rights in data clause.

1827.405 Other data rights provisions.

1827.406 Acquisition of data.

1827.408 Cosponsored research and development activities.

1827.409 Solicitation provisions and contract clauses.

1827.409-70 NASA contract clause.

**PART 1827**

# PATENTS, DATA, AND COPYRIGHTS

**1827.000 Scope of part.**

This part prescribes NASA policies, procedures, and contract clauses
pertaining to patents, data, and copyrights. The provisions of [**FAR
Part
27**](http://www.arnet.gov/far/current/html/Subpart_27_1.html#1019203)
apply to NASA acquisitions unless specifically excepted in this part.

**Subpart** []{#OLE_LINK1 .anchor}**1827.3\--Patent Rights Under
Government Contracts**

**1827.301 Definitions.**

**\"Administrator,\"** as used in this subpart, means the Administrator
of NASA or a duly authorized repre­sentative.

**\"Contract,\"** as used in this subpart, means any actual or proposed
contract, agreement, understand­ing, or other arrangement, and includes
any assign­ment, substitution of parties, or subcontract executed or
entered into thereunder.

**\"Made,\"** in lieu of the definition in [**FAR
27.301**](http://www.arnet.gov/far/current/html/Subpart_27_3.html#999116),
as used in this subpart, means conceived or first actually reduced to
practice; provided, that in the case of a variety of plant, the date of
determina­tion (as defined in Section 41(d) of the Plant Variety
Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of
con­tract performance.

**\"Reportable item,\"** as used in this subpart, means any invention,
discovery, improvement, or innovation of the contractor, whether or not
patentable or otherwise protectible under Title 35 of the United States
Code, made in the performance of any work under any NASA contract or in
the performance of any work that is reimbursable under any clause in any
NASA contract providing for reimbursement of costs incurred before the
effective date of the contract. Reportable items include, but are not
limited to, new processes, machines, manufactures, and compositions of
matter, and improvements to, or new applications of, existing processes,
machines, manufactures, and compositions of matter. Reportable items
also include new computer programs, and improvements to, or new
applications of, existing computer programs, whether or not
copyrightable or otherwise protectible under Title 17 of the United
States Code.

**\"Subject invention,\"** in lieu of the definition in [**FAR
27.301**](http://www.arnet.gov/far/current/html/Subpart_27_3.html#999116),
as used in this subp­art, means any reportable item that is or may be
patent­able or otherwise protectible under Title 35 of the United States
Code, or any novel variety of plant that is or may be protectible under
the Plant Variety Protec­tion Act (7 U.S.C. 2321 et seq.).

**1827.302 Policy.**

\(a\) *Introduction.*

**(i)** NASA policy with respect to any invention, discovery,
improvement, or innovation made in the performance of work under any
NASA contract or subcon­tract with other than a small business firm or a
nonprofit organization and the alloca­tion of related property rights is
based upon Section 305 of the National Aeronau­tics and Space Act of
1958, as amended (42 U.S.C. 2457) (the Act); and, to the extent
consistent with this statute, the Presidential Memorandum on Government
Patent Policy to the Heads of Executive Departments and Agencies, dated
February 18, 1983, and Section 1(b)(4) of Executive Order 12591. NASA
policy with respect to any invention made in the performance of
experimental, developmental, or research work with a small busi­ness firm
or a nonprofit organiza­tion is based on 35 U.S.C. Chapter 18, as
amended.

**(ii)** NASA contracts subject to Section 305 of the Act shall ensure
the prompt reporting of reportable items in order to protect the
Government\'s interest and to provide widest practi­ca­ble and appro­priate
dissemination, early utilization, expeditious development, and continued
availability for the benefit of the scientific, industrial, and
commercial com­munities and the general public.

\(b\) *Contractor right to elect title.*

**(i)** For NASA contracts, the contractor right to elect title only
applies to contracts with small businesses and non-profit organizations.
For other business entities, see subdivision (ii) of this paragraph.

**(ii)** *Contractor right to request a waiver of title.* For NASA
contracts with other than a small business firm or a nonprofit
organization (contracts subject to Section 305 of the Act),it is the
policy of NASA to waive the rights (to acquire title) of the United
States (with the reservation of a Govern­ment license set forth in [**FAR
27.302(c)**](http://www.arnet.gov/far/current/html/Subpart_27_3.html#999124)
and the march-in rights of FAR 27.302(f) and 1827.302(f)) in and to any
subject in­vention if the Administra­tor determines that the interests of
the United States will be served. This policy, as well as the proce­dures
and instructions for such waiver of rights, is stated in the NASA Patent
Waiver Regula­tions, 14 CFR Section 1245, Subpart 1. Waiver may be
requested in advance of contract award for any or all of the subject
inven­tions, or for individual­ly identified subject inventions reported
under the contract. When waiver of rights is grant­ed, the contractor\'s
right to title, the rights reserved by the Govern­ment, and other
conditions and obliga­tions of the waiver shall be included in an
Instru­ment of Waiv­er executed by NASA and the party receiv­ing the
waiver.

**(iii)** It is also a policy of NASA to consid­er for a monetary award,
when referred to the NASA Inven­tions and Contributions Board, any
subject invention reported to NASA in accordance with this subpart, and
for which an application for patent has been filed.

\(c\) *Government license*. For each subject invention made in the
performance of work under a NASA contract with other than a small
business firm or nonprofit organization and for which waiver of rights
has been granted in accordance with 14 CFR Section 1245, Subpart 1, the
Administrator shall reserve an irrevocable, nonexclusive,
nontransferable, royalty-free license for the practice of such invention
throughout the world by or on behalf of the United States or any foreign
Government in accordance with any treaty or agreement of the United
States.

\(d\) *Government right to receive title.* Under any NASA contract with
other than a small business or nonprofit organization (i.e., those
contracts subject to Section 305(a) of the Act), title to subject
inventions vests in NASA when the determinations of Section 305(a)(1) or
305(a)(2) have been made. The Administrator may grant a waiver of title
in accordance with 14 CFR Section 1245.

\(e\) *Utilization reports.* For any NASA contract with other than a
small business firm or a nonprofit organiza­tion, the re­quirements for
utilization reports shall be as set forth in the NASA Patent Waiver
Regulations, 14 CFR Section 1245, Subpart 1, and any Instrument of
Waiver executed under those Regulations.

\(f\) *March-in rights.* For any NASA contract with other than a small
business firm or a nonprofit organiza­tion, the march-in rights shall be
as set forth in the NASA Patent Waiver Regulations, 14 CFR Section 1245,
Subpart 1, and any Instrument of Waiver executed under those
Regulations.

\(g\) *Preference for United States industry.* Waiver of the requirement
for the agreement for any NASA contract with other than a small busi­ness
firm or a nonprofit organization shall be in accor­dance with the NASA
Patent Waiver Regu­la­tions, 14 CFR Section 1245, Subpart 1.

\(i\) *Minimum rights to contractor.*

\(1\) For NASA contracts with other than a small business firm or a
nonprofit organiza­tion (i.e., those contracts subject to Section 305(a)
of the Act), where title to any subject inventions vests in NASA, the
contractor is normally granted, in accordance with 14 CFR 1245, a
revocable, nonexclusive, royalty-free license in each patent application
filed in any country and in any resulting patent. The license extends to
any of the contractor's domestic subsidiaries and affiliates within the
corporate structure, and includes the right to grant sublicenses of the
same scope to the extent the contractor was legally obligated to do so
at the time the contract was awarded. The license and right are
transferable only with the approv­al of the Administrator, except when
transferred to the succes­sor of that part of the contractor\'s business
to which the invention pertains.

\(2\) The Administrator is the approval authority for revoking or
modifying a license. The procedures for revocation or modification are
described in 37 CFR 404.10 and 14 CFR 1245.108.

**1827.303 Contract clauses.**

(a)(1)**(A)** See 1827.303-70(a).

**(B)** To qualify for the clause at [**FAR
52.227-11**](http://www.arnet.gov/far/current/html/52_227.html#1109081),
a prospective contractor may be required to represent itself as either a
small business firm or a nonprofit organization. If there is reason to
question the status of the prospective contractor, the contracting
officer may file a protest in accordance with [**FAR
19.302**](http://www.arnet.gov/far/current/html/Subpart_19_3.html#1046484)
if small business firm status is questioned, or require the prospec­tive
contractor to furnish evidence of its status as a nonprofit
organization.

\(5\) Alternate IV to 52.227-11 is not used in NASA contracts. See
instead 1827.303-70(a).

(b)(1)(ii) [**FAR
52.227-12**](http://www.arnet.gov/far/current/html/52_227.html#1109140)
is not used in NASA contracts. See instead 1827.303-70(b).

(c)(1)(ii) When work is to be performed outside the Untied States, its
possessions, and Puerto Rico by contractors that are not domestic firms,
see 1827.303-70(f).

\(2\) See 1827.303-70(b) and (f).

(d)(1) When one of the conditions in [**FAR
27.303(d)(1)(i)**](http://www.arnet.gov/far/current/html/Subpart_27_3.html#999153)
through (iv) is met, the contracting officer shall consult with the
installation intellectual property counsel to determine the appropriate
clause.

**1827.303-70 NASA solicitation provisions and contract clauses.**

\(a\) When the clause at [**FAR
52.227-11**](http://www.arnet.gov/far/current/html/52_227.html#1109081)
is includ­ed in a solicitation or contract, it shall be modified as set
forth at
[**1852.227-11**](http://www.hq.nasa.gov/office/procurement/regs/5227.htm).

\(b\) The contracting officer shall insert the clause at 1852.227-70,
New Technology, in all NASA solicitations and contracts with other than
a small business firm or a nonprofit organization (i.e., those subject
to section 305(a) of the Act), if the contract is to be performed in the
United States, its possessions, or Puerto Rico and has as a purpose the
performance of experi­mental, developmental, re­search, design, or
engineering work. Contracts for any of the fol­lowing purposes may be
considered to in­volve the performance of work of the type described
above (these examples are illus­trative and not limiting):

\(1\) Conduct of basic or applied research.

\(2\) Development, design, or manufacture for the first time of any
machine, article of manufacture, or composition of matter to satisfy
NASA\'s specifica­tions or special requirements.

\(3\) Development of any process or tech­nique for attaining a NASA
objective not readily attainable through the practice of a previously
developed process or technique.

\(4\) Testing of, evaluation of, or experi­mentation with a machine,
process, concept, or technique to determine whether it is suitable or
could be made suitable for a NASA objective.

\(5\) Construction work or architect-engineer services having as a
purpose the performance of experimental, developmental, or research work
or test and evalua­tion studies involving such work.

\(6\) The operation of facilities or the coordination and direction of
the work of others, if these activities involve perform­ing work of any
of the types de­scribed in paragraphs (1) through (5) of this section.

\(c\) The contracting officer shall insert the provision at
[**1852.227-71**](http://www.hq.nasa.gov/office/procurement/regs/5227.htm#1852.227-71),
Requests for Waiver of Rights to Inventions, in all solici­tations that
include the clause at
[**1852.227-70**](http://www.hq.nasa.gov/office/procurement/regs/5227.htm#1852.227-70),
New Technology (see paragraph (b) of this section).

\(d\) The contracting officer shall insert the clause at
[**1852.227-72**](http://www.hq.nasa.gov/office/procurement/regs/5227.htm#1852.227-72%231852.227-72),
Desig­nation of New Technology Representative and Patent Represen­tative,
in all solicitations and contracts containing either of the clauses at
[**FAR
52.227-11**](http://www.arnet.gov/far/current/html/52_227.html#1109081),
Patent Rights\--Retention by the Contractor (Short Form) or 1852.227-70,
New Technology (see paragraph (c) of this section). It may also be
inserted, upon consultation with the installation intellectual property
counsel, in solicitations and contracts using another patent rights
clause. The New Technology Representa­tive shall be the Technology
Utilization Officer or the staff member (by titled position) having
cognizance of tech­nology utilization matters for the installa­tion
concerned. The Patent Repre­sentative shall be the intellectual property
counsel (by titled posi­tion) having cogni­zance of patent matters for the
installa­tion concerned.

\(e\) The contract­ing officer shall insert the provision at
[**1852.227-84**](http://www.hq.nasa.gov/office/procurement/regs/5227.htm#1852.227-84),
Patent Rights Clauses, in solici­tations for experimental, developmental,
or research work to be performed in the Unit­ed States, its possessions,
or Puerto Rico when the eventual awardee may be a small business or a
nonprofit organization.

\(f\) As authorized in [**FAR
27.303(c)(2)**](http://www.arnet.gov/far/current/html/Subpart_27_3.html#999153),
when work is to be performed out­side the United States, its possessions,
and Puerto Rico by contractors that are not domestic firms, the clause
at
[**1852.227-85**](http://www.hq.nasa.gov/office/procurement/regs/5227.htm#1852.227-85),
Invention Reporting and Rights\--For­eign, shall be used unless the
contracting officer determines, with concurrence of the install­ation
intellectual property counsel, that the objectives of the contract would
be better served by use of the clause at [**FAR
52.227-13**](http://www.arnet.gov/far/current/html/52_227.html#1109219),
Patent Rights\-\--Acquisition by the Gov­ernment. For this purpose, the
contracting officer may presume that a contractor is not a domestic firm
unless it is known that the firm is not foreign owned, controlled, or
influenced. (See [**FAR
27.304-4(a)**](http://www.arnet.gov/far/current/html/Subpart_27_3.html#999237)
regarding subcontracts with U.S. firms.)

**1827.304** **Procedures.**

**1827.304-1 General.**

\(a\) *Contractor appeals of exceptions.* In any contract with other
than a small busi­ness firm or nonprofit organization, the NASA Patent
Waiver Regulations, 14 CFR Section 1245, Subpart 1, shall apply.

\(b\) *Greater rights determinations.* In any con­tract with other than a
small business firm or a nonprofit organization and with respect to
which advance waiver of rights has not been granted (see 1827.302(b)),
the contractor (or an employee-inventor of the contractor after
consultation with the con­trac­tor) may request waiver of title to an
individ­ual identified subject invention pursuant to the NASA Patent
Waiver Regu­lations, 14 CFR Section 1245, Subpart 1.

\(c\) *Retention of rights by inventor.* The NASA Patent Waiver
Regulations, 14 CFR Section 1245, Subpart 1, apply for any invention
made in the performance of work under any contract with other than a
small business firm or a nonprofit organiza­tion.

\(f\) *Revocation or modification of contract­or\'s minimum rights.*
Revocation or modifi­ca­tion of the contractor\'s license rights (see
1827.302(i)(2)) shall be in accordance with 37 CFR 404.10, for subject
inventions made and reported under any contract with other than a small
business firm or a nonprofit organization.

\(g\) *Exercise of march-in rights.* For con­tracts with other than a
small business firm or a nonprofit organiza­tion, the procedures for the
exercise of march-in rights shall be as set forth in the NASA Patent
Waiver Regulations, 14 CFR Section 1245, Subpart 1.

\(h\) *Licenses and assignments under con­tracts with nonprofit
organizations.* The Headquarters Associate General Counsel (Intellectual
Property) (Code GP) is the approval authority for assignments.
Contracto­r requests should be made to the Patent Representative
designated in the clause at
[**1852.227-72**](http://www.hq.nasa.gov/office/procurement/regs/5227.htm#1852.227-72%231827.11)
and forwarded, with rec­ommendation, to Code GP for approval.

**1827.304-2 Contracts placed by or for other Government agencies.**

(a)(3) When a contract is placed for another agency and the agency does
not request the use of a specific patent rights clause, the contracting
officer, upon consultation with the installation intellectual property
counsel, may use the clause at [**FAR
52.227-11**](http://www.arnet.gov/far/current/html/52_227.html#1109081),
Patent Rights\--Retention by the Contractor (Short Form) as modified by
1852.227-11 (see 1827.303-70(a)) or 1852.227-70, New Technology (see
1827.303-70(b)).

**1827.304-3 Contracts for construction work or architect-engineer
services.**

\(a\) For construction or architect-engineer services contracts with
other than a small business or nonprofit organization, see
1827.303-70(b).

**1827.304-4 Subcontracts.**

(a)**(i)** Unless the con­tracting officer other­wise authorizes or
directs, contractors awar­ding subcontracts and subcontractors awar­ding
lower-tier subcontracts shall select and include one of the following
clauses, suit­ably modi­fied to identify the parties, in the indicated
subcon­tracts:

**(A)** The clause at 1852.227-70, New Technolo­gy, in any subcontract
with other than a small busi­ness firm or a nonprofit organization if a
purpose of the subcontract is the performance of experimental,
devel­opmental, research, design, or engineering work of any of the types
described in 1827.303-70(b)(1)-(6).

**(B)** The clause at [**FAR
52.227-11**](http://www.arnet.gov/far/current/html/52_227.html#1109081),
Patent Rights\--Retention by the Contractor (Short Form), modified by
1852.227-11 (see 1827.303-70(a)), in any subcontract with a small
busi­ness firm or a nonprofit organization if a purpose of the
subcontract is the perfor­mance of experimental, developmental, or
research work.

**(ii)** Whenever a prime contractor or a subcon­tractor considers it
inappropriate to include one of the clauses discussed in paragraph (a)
of this section in a particular subcontract, or a subcontractor refuses
to accept the clause, the matter shall be re­solved by the contracting
officer in consul­tation with the intellectual property coun­sel.

**1827.304-5 Appeals.**

[**FAR
27.304-5**](http://www.arnet.gov/far/current/html/Subpart_27_3.html#999241)
shall apply unless other­wise provided in the NASA Patent Waiver
Regulations, 14 CFR Section 1245, Subpart 1.

**1827.305 Administration of the patent** **rights clauses.**

**1827.305-3 Follow-up by Government.**

**1827.305-370 NASA patent rights and new technology follow-up
procedures.**

\(a\) For each contract containing a patent rights clause or the clause
at 1852.227-70, New Technology, the contracting officer shall take the
following actions:

\(1\) Furnish, or require the contractor to furnish directly, the New
Technology Repre­sentative and the Patent Representative a copy of each
contract (and modifications thereto), and copies of the final technical
report, interim technical progress reports, and other pertinent material
provided under the contract, unless the representatives indicate
other­wise; and

\(2\) Notify the New Technology Repre­sentative as to which installation
organiza­tional element has technical cognizance of the contract.

\(b\) The New Technology Representative shall take the following
actions:

\(1\) Review the technical progress of work performed under the contract
to ascertain whether the contractor and its subcontrac­tors are complying
with the clause\'s report­ing and recordkeeping requirements;

\(2\) Forward to the Patent Representative copies of all contractor and
subcontracto­r written reports of reportable items and disclosures of
subject inventions, and a copy of the written statement, if any,
sub­mitted with the reports.

\(3\) Consult with the Patent Representative whenever a question arises
as to whether a given reportable item is to be considered a subject
invention and whether it was made in the performance of work under the
contract.

\(4\) Forward to the Patent Representative all corre­spondence relating
to inventions and waivers under the New Technology clause or election of
title under the Patent Rights\-\--Retention by the Contractor (Short
Form) clause.

\(5\) Upon receipt of any final report required by the clause, and upon
determina­tion that the contract work is complete, deter­mine whether the
contractor has complied with the clause\'s reporting requirements. If
so, the New Technology Representative shall certify compliance, obtain
the Patent Representative\'s concurrence, and forward the certification
to the contracting officer.

\(c\) The Patent Representative shall review each reportable item to
ascertain whether it is to be consid­ered a subject invention, obtain any
determinations re­quired by paragraph (b) of the clause at 1852.227-70,
New Tech­nology, and notify the contractor. As to any subject invention,
the Patent Repre­sentative shall:

\(1\) Ensure that the contractor has provided sufficient information to
protect the Government\'s rights and inter­ests in it and to permit the
preparation, filing, and prosecution of patent applica­tions;

\(2\) Determine inventors­hip;

\(3\) Ensure the preparation of in­struments establishing the
Government\'s rights; and

\(4\) Con­duct selected reviews to ensure that subject inven­tions are
identified, adequately document­ed, and timely reported or disclosed.

\(d\) Either the New Technology Repre­sentative or the Patent
Representative, in consultation with the other, may prepare opinions,
make determinations, and other­wise advise the contracting officer with
respect to any withholding of payment under para­graph (g) of the clause
at
[**1852.227-70**](http://www.hq.nasa.gov/office/procurement/regs/5227.htm#1852.227-70),
New Technology. Either the New Technol­ogy Repre­sentative or the Patent
Repre­sentative may represent the contracting officer for the purpose of
examining the contractor\'s books, records, and other documents in
accordance with paragraph (f) of the clause and take corrective action
as appropriate. However, no action may be taken by either the New
Technology Representative or the Patent Representative that would
consti­tute a final decision under the Disputes clause, involve any
change or increase in the work required to be performed under the
contract that is inconsistent with any right of appeal pro­vided in
[**FAR
27.304-5**](http://www.arnet.gov/far/current/html/Subpart_27_3.html#999241)
or 14 CFR 1245, Subpart 1, or otherwise be outside the scope of the
contract.

\(e\) The contracting officer shall not approve release of final payment
under the contract and, if applicable, any reserve set aside under the
withhold­ing provi­sions of the clause for deficiencies and delinquent
reporting not corrected as of the time of the submis­sion of the final
report by the con­tractor until receipt of the New Technology
Representative\'s certification of compli­ance, and the Patent
Representative\'s con­currence.

**1827.305-371 New technology reporting plan.**

In contracts with an estimated cost in excess of \$2,500,000 (or less
when appropriate) that contain the clause at 1852.227-70, New
Technology, the contracting officer may require the contractor to submit
for post-award Government approval a detailed plan for new technology
reporting that demonstrates an adequate understanding of and commitment
to the reporting requirements of the clause.

**1827.305-4** **Conveyance** **of** **invention** **rights**
**acquired** **by** **the** **Government.**

\(a\) When the Government acquires the entire right to, title to, and
interest in an invention under the clause at 1852.227-70, New
Technology, a determi­nation of title is to be made in accordance with
Section 305(a) of the National Aeronautics and Space Act of 1958, as
amended (42 U.S.C. 2457(a)), and reflected in appropriate in­struments
executed by NASA and forward­ed to the contractor.

**Subpart** []{#OLE_LINK4 .anchor}**1827.4\--Rights in Data and
Copyrights**

**1827.404**  **Basic rights in data clause.**

\(d\) *Protection of limited rights data speci­fied for delivery.* The
contracting officer shall consult with the installation patent or
intellectual property counsel regarding any questions concerning the
delivery of limited rights data and/or the use of Alter­nate II that may
arise from an offeror\'s response to the provision at [**FAR
52.227-15**](http://www.arnet.gov/far/current/html/52_227.html#1109370),
Repre­sentation of Limited Rights Data and Restricted Computer Software,
or during negotiations.

\(e\) *Protection of restricted computer soft­ware specified for
delivery.* The contracting officer shall consult with the installation
patent or intellectual property counsel regarding any questions
concerning the delivery of restricted computer software and/or the use
of Alternate III that may arise from an offeror\'s response to the
provision at FAR 52.227-15, Representation of Limited Rights Data and
Restricted Computer Software, or during negotia­tions.

\(f\) *Copyrighted data.*

(1)(ii) The contracting officer shall consult with the installation
patent or intellectual property counsel before granting permission for a
contractor to claim copy­right subsisting in data, other than comput­er
software, first produced under the con­tract.

\(iv\) The contracting officer, with the concurrence of the installation
intellectual property counsel, is the approval authority for obtaining a
copyright license of a different scope than set forth in subpara­graph
(c)(1) of the clause at [**FAR
52.227-14**](http://www.arnet.gov/far/current/html/52_227.html#1109286),
Rights in Data\--General, for any con­tract or class of contracts.

\(2\) (i) The procurement officer is the approval authority for
obtaining a copyright license of a different scope than that set forth
in subparagraph (c)(2) of the clause at FAR 52.227-14 for any contract
or class of contracts.

\(g\) *Release, publication, and use of data.*

(3)**(A)** NASA's intent is to ensure the most expeditious dissemination
of computer software developed by it or its contractor. Accordingly,
when the clause at FAR 52.227-14, Rights in Data-General, is modified by
[**1852.227-14**](http://www.hq.nasa.gov/office/procurement/regs/5227.htm)
(see 1827.409(a)), the contractor may not assert claim to copy­right,
publish, or release to others computer software first produced in the
performance of a contract without the contracting offic­er\'s prior
written permission.

**(B)** The contracting officer may, in consultation with the
installation patent or intellectual property counsel, grant the
contractor permission to copy­right, publish, or release to others
computer software first produced in the performance of a contract if:

***(a)*** The contractor has identified an existing commercial computer
software product line or proposes a new one and states a positive
intention of incorporating any computer software first produced under
the contract into that line, either directly itself or through a
licensee;

***(b)*** The contractor has made, or will be re­quired to make,
significant contributions to the development of the computer soft­ware by
co-funding or by cost-sharing, or by contributing resources (including
but not limited to agreement to provide continuing maintenance and
update of the software at no cost for Governmental use); or

***(c)*** The concurrence of the Headquarters Office of Aerospace
Technology, Commercial Technology Division (Code RC) is obtained.

**(C)*(a) ***The contractor\'s request for permis­sion in accordance with
1827.404(g)(3)(A) may be made either before contract award or during
contract perfor­mance.

***(b)*** Any permission granted in accor­dance with
1827.404(g)(3)(B)*(a)* or *(b)* shall be by express contract provision
(or amendment) overriding sub­paragraph (d)(3) of [**FAR
52.227-14**](http://www.arnet.gov/far/current/html/52_227.html#1109286),
Rights in Data\--General, (as modified by 1852.227-14), rather than by
deleting it. The contract provision may contain appropriate assurances
that the computer software will be incorporated into an existing or
proposed new commercial computer software product line within a
reasonable time and/or that the agreed contributions to the Government
are ful­filled, with contingencies enabling the Government to obtain the
right to distribute the software for commercial use, including the right
to obtain assignment of copyright where applicable, in order to prevent
the computer software from being suppressed or abandoned by the
contrac­tor.

***(c)*** Any permission granted in accordance with
1827.404(g)(3)(B)*(c)* may be either by deleting subparagraph (d)(3) or
by special contract provision, as appropriate.

***(d)*** When any permission to copyright is granted, any copyright
license retained by the Gov­ern­ment shall be of the same scope as set
forth in subparagraph (c)(1) of the clause at [**FAR
52.227-14**](http://www.arnet.gov/far/current/html/52_227.html#1109286)
and without any obligation of confidentiality on the part of the
Government, unless in accordance with 1827.404(g)(3)(B)*(b)* the
contri­butions of the Contractor may be consid­ered \"substantial\" for
the purposes of [**FAR
27.408**](http://www.arnet.gov/far/current/html/Subpart_27_4.html#999221)
(i.e., approximately 50 percent), in which case rights consistent with
FAR 27.408 may be negotiated for the computer software in question.

**(D)** If the contractor has not been grant­ed permission to copyright,
paragraph (d)(3)(ii) of the clause at FAR 52.227-14, Rights in
Data\--General (as modified by 1852.227-14) enables NASA to direct the
contractor to assert claim to copyright in computer software first
pro­duced under the contract and to assign, or obtain the assignment of,
such copyright to the Government or its designee. The con­tracting
officer may, in consultation with the installation intellectual property
counsel, so direct the contractor in situations where copyright
protection is considered necessary in furtherance of Agency mission
objectives, needed to sup­port specific Agency programs, or necessary to
meet statutory requirements.

\(h\) *Unauthorized marking of data.* The contract­ing officer shall
consult with the installation patent or intellectual property counsel
before taking any action regarding unauthorized markings of data under
para­graph (e) of the clause at [**FAR
52.227-14**](http://www.arnet.gov/far/current/html/52_227.html#1109286),
Rights in Data\--General.

\(i\) *Omitted or incorrect notices.* The contracting officer shall
consult with the installation patent or intellectual property counsel
before agreeing to add or correct any markings on data under paragraph
(f) of the clause at FAR 52.227-14, Rights in Data\--General.

**1827.405 Other data rights provisions.**

(b)(2) *Acquisition of existing computer soft­ware.* See
1827.409(k)(i)-(ii) and 1827.409-70 for modifications and alternatives
to the clause at
[**FAR**](http://www.arnet.gov/far/current/html/52_227.html#1109415)
**52.227-19**.

\(c\) *Contracts awarded under the Small Busi­ness Innovative Research
(SBIR) Pro­gram.* If, during the performance of an SBIR contract (Phase I
or Phase II), the need arises for NASA to obtain delivery of restricted
computer software as defined in the clause at [**FAR
52.227-20**](http://www.arnet.gov/far/current/html/52_227.html#1109434),
Rights in Data\--SBIR Program, and the contractor agrees to such
delivery, the restricted com­puter software may be acquired with
re­stricted rights by modification of the con­tract or under an agreement
incorporated in and made part of the contract, using the restricted
rights set forth in [**FAR
27.404(e)**](http://www.arnet.gov/far/current/html/Subpart_27_4.html#999133)
and the related restrictions as a guide.

**1827.406 Acquisition of data.**

\(a\) *General.* Requirements for delivering tech­nical data relating to
standard commer­cial items, components, or processes should be kept to
the absolute minimum consistent with the purpose for which they are
being procured. Normally, a vendor\'s manuals for installation,
operation, or maintenance and repair and/or form, fit, and function data
are adequate.

**1827.408  Cosponsored research and** **development activities.**

The contracting officer shall consult with the installation patent or
intellectual property counsel before limiting the acqui­sition of or
acquiring less than unlimited rights to any data developed under
con­tracts involving cosponsored research and devel­opment activities.

**1827.409 Solicitation provisions and** **contract clauses.**

\(a\) The contract­ing officer shall add subpara­graph (3) set forth in
[**1852.227-14**](http://www.hq.nasa.gov/office/procurement/regs/5227.htm)
to para­graph (d) of the clause at [**FAR
52.227-14**](http://www.arnet.gov/far/current/html/52_227.html#1109286),
Rights in Data\-- General, except in solicita­tions and contracts for
basic or applied re­search with universities or colleges.

\(b\) The contracting officer, with the concur­rence of the instal­lation
intellectual property counsel, is the approval authority for use of
Alternate I. An example of its use is where the princi­pal purpose of the
contract (such as a contract for basic or applied research) does not
involve the development, use, or deliv­ery of items, components, or
processes that are intended to be acquired for use by or for the
Government (either under the con­tract in question or under any
anticipat­ed follow-on con­tracts relating to the same subject matter).

\(c\) The contracting officer shall normally add the disclosure purposes
listed in **[FAR
27.404(d)(1)(i)-(v](http://www.arnet.gov/far/current/html/Subpart_27_4.html#999133))**
to subparagraph (g)(2). Howev­er, the contracting officer may, upon
con­sultation with the installation patent or intellectual property
counsel, make dele­tions from the specific purposes listed. If all are
deleted, the word \"None\" must be inserted. Additions to those specific
pur­poses listed may be made only with the approval of the procure­ment
officer and concurrence of the installation patent or intellectual
property counsel.

\(d\) The contracting officer shall consult with the installation patent
or intellectual property counsel regarding the acquisition of restricted
computer software with great­er or lesser rights than those set forth in
Alternate III. Where it is imprac­tical to actually modify the notice of
Alter­nate III, this may be done by express refer­ence in a separate
clause in the con­tract or by a collateral agreement that addresses the
change in the restricted rights.

\(e\) The contracting officer, with the concurrence of the installation
intellectual property counsel, is the approval authority for the use of
Alternate IV in any contract other than a contract for basic or applied
research to be performed solely by a college or university on campus
(but not for the management or operation of Government facilities).

\(i\) The contract officer shall modify the clause at [**FAR
52.227-17**](http://www.arnet.gov/far/current/html/52_227.html#1109389),
Rights in Data\--Special Works by adding para­graph (f) as set forth in
1852.227-17.

(k)**(i)** The contract­ing officer shall add paragraph (e) as set forth
in 1852.227-19(a) to the clause at [**FAR
52.227-19**](http://www.arnet.gov/far/current/html/52_227.html#1109415),
Commercial Computer Software\--Restricted Rights, when it is
contemplated that updates, correction notic­es, consultation information,
and other similar items of information relating to commercial computer
software delivered under a purchase order or contract are available and
their receipt can be facilitat­ed by signing a vendor supplied agreement,
registration forms, or cards and returning them directly to the vendor.

**(ii)** The contract­ing officer shall add paragraph (f) as set forth at
1852.227-19(b) to the clause at FAR 52.227-19, Commercial Computer
Software\--Restricted Rights, when portions of a contractor\'s standard
commercial li­cense or lease agreement consistent with the clause,
Federal laws, standard industry practices, and the FAR are to be
incorporat­ed into the purchase order or contract.

**(iii)** See 1827.409-70.

**1827.409-70 NASA contract clause.**

The contract­ing officer shall use the clause at
[**1852.227-86**](http://www.hq.nasa.gov/office/procurement/regs/5227.htm#1852.227-86),
Commercial Computer Soft­ware\--Licensing, in lieu of FAR 52.227-19,
Commercial Computer Software\-\--Restrict­ed Rights, when it is
considered appropriate for the acquisition of existing computer software
in accordance with [**FAR
27.405(b)(2)**](http://www.arnet.gov/far/current/html/Subpart_27_4.html#999181).