Skip to main content


U.S. flag
      An official website of the United States government
              Here’s how you know
        Here’s how you knowDot gov**Official websites use .gov**
                 A **.gov** website belongs to an official government organization in the United States.
                  HTTPS**Secure .gov websites use HTTPS**
                 A **lock** (A locked padlock) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. 
  Menu Close
          Enter the terms you wish to search for.
    Search
        








  
  
    

  
      

                                      About HHS
    
                        
                              
      
      
      Programs & Services
    
                        
                              
      
      
      Grants & Contracts
    
                        
                              
      
      
      Laws & Regulations Breadcrumb
    Home
                              Grants & Contracts
                              Contracts
                              Contract Policies & Regulations
                              HHS Acquisition Regulations (HHSAR)
                              Part 327—Patents, Data, and Copyrights
 Navigate to:
  HHS Acquisition Regulations
                                            
            
            Part 301—HHS Acquisition Regulation System
    
                                                  
                                            
            
      
      
      
      Part 302—Definitions of Words and Terms
    
                                                  
                                            
            
      
      
      
      Part 303—Improper Business Practices and Personal Conflicts of Interest
    
                                                  
                                            
            
      
      
      
      Part 304—Administrative Matters
    
                                                  
                                            
            
      
      
      
      Part 305—Publicizing Contract Actions
    
                                                  
                                            
            
      
      
      
      Part 306—Competition Requirements
    
                                                  
                                            
            
      
      
      
      Part 307—Acquisition Planning
    
                                                  
                                            
            
      
      
      
      Part 308—Required Sources of Supplies and Services
    
                                                  
                                            
            
      
      
      
      Part 309—Contractor Qualifications
    
                                                  
                                            
            
      
      
      
      Part 310—Market Research
    
                                                  
                                            
            
      
      
      
      Part 311—Describing Agency Needs
    
                                                  
                                            
            
      
      
      
      Part 312—Acquisition of Commercial Items
    
                                                  
                                            
            
      
      
      
      Part 314—Sealed Bidding
    
                                                  
                                            
            
      
      
      
      Part 315—Contracting by Negotiation
    
                                                  
                                            
            
      
      
      
      Part 316—Types of Contracts
    
                                                  
                                            
            
      
      
      
      Part 317—Special Contracting Methods
    
                                                  
                                            
            
      
      
      
      Part 319—Small Business Programs
    
                                                  
                                            
            
      
      
      
      Part 322—Application of Labor Laws to Government Acquisitions
    
                                                  
                                            
            
      
      
      
      Part 323—Renewable Energy Technologies, Occupational Safety
    
                                                  
                                            
            
      
      
      
      Part 324—Protection of Privacy and Freedom of Information
    
                                                  
                                            
            
      
      
      
      Part 326—Other Socioeconomic Programs
    
                                                  
                                                                  
                          
      
      
      
      Part 327—Patents, Data, and Copyrights
    
                                                  
                                            
            
      
      
      
      Part 330—Cost Accounting Standards
    
                                                  
                                            
            
      
      
      
      Part 331—Contract Cost Principles and Procedures
    
                                                  
                                            
            
      
      
      
      Part 332—Contract Financing
    
                                                  
                                            
            
      
      
      
      Part 333—Protests, Disputes, and Appeals
    
                                                  
                                            
            
      
      
      
      Part 334—Major System Acquisition
    
                                                  
                                            
            
      
      
      
      Part 335—Research and Development Contracting
    
                                                  
                                            
            
      
      
      
      Part 336—Construction and Architect-Engineer Contracts
    
                                                  
                                            
            
      
      
      
      Part 337—Service Contracting—General
    
                                                  
                                            
            
      
      
      
      Part 339—Acquisition of Information Technology
    
                                                  
                                            
            
      
      
      
      Part 342—Contract Administration
    
                                                  
                                            
            
      
      
      
      Part 352—Solicitation Provisions and Contract Clauses
    
                                                  
                                            
            
      
      
      
      Part 370—Special Programs Affecting Acquisition
    
                                                  
                                            
            
      
      
      
      Subpart 313.3—Simplified Acquisition MethodsText resize icon

                    




Part 327—Patents, Data, and Copyrights








  
  
    

  
      





(SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS)

**Sections:**

**Subpart 327.3—Patent Rights Under Government Contracts**

	327.303 Solicitation provision and contract clause.
	**Subpart 327.4—Rights in Data and Copyrights**
	327.404-70 Solicitation provision and contract clause.
		327.409 Solicitation provision and contract clause.Authority: 5 U.S.C. 301**;**40 U.S.C. 121(c)(2).

Subpart 327.3—Patent Rights Under Government Contracts

327.303 Solicitation provision and contract clause.

The contracting officer shall insert the clause at 352.227-11, Patent Rights—Exceptional Circumstances and any appropriate alternates in lieu of Federal Acquisition Regulation (FAR) 52.227-11 whenever a Determination of Exceptional Circumstances (DEC) involving the provision of materials that has been executed in accordance with Agency policy and procedures calls for its use and the clause at 352.227-11**,**Patent Rights—Exceptional Circumstances, appropriately covers the circumstances. The contracting officer should reference the DEC in the solicitation and shall attach a copy of the executed DEC to the contract.

Back to top

Subpart 327.4—Rights in Data and Copyrights

327.404-70 Basic rights in data clause.

The contracting officer shall insert the clause at 352.227-70, Publications and Publicity, in solicitations, contracts, and orders that involve requirements which could lead to the contractor’s publishing the results of its work under the contract.

Back to top

327.409 Solicitation provision and contract clause.

The contracting officer shall insert the clause at 352.227-14, Rights in Data—Exceptional Circumstances, and any appropriate alternates in lieu of the FAR clause at 52.227-14, Rights in Data-General, whenever a DEC executed in accordance with Agency policy and procedures calls for its use. Prior to using this clause, a DEC must be executed in accordance with Agency policy and procedures. The contracting officer should reference the DEC in the solicitation and shall attach a copy of the executed DEC to the contract.

Back to top

Other Sections of the HHSAR:

HHS Acquisition Regulations Table of Contents
	**Previous Part:** Part 326 Other Socioeconomic Programs
	**Next Part:** Part 330 Cost Accounting StandardsBack to top

                    
  


Content last reviewed December 18, 2015 Back to top
    Contact HHS
    
                        
                                            
      
      
      Careers
    
                        
                                            
      
      
      HHS FAQs
    
                        
                                            
      
      
      Nondiscrimination NoticeHHS Archive
    
                        
                                            
      
      
      Accessibility Statement
    
                        
                                            
      
      
      Privacy Policy
    
                        
                                            
      
      
      Viewers & PlayersBudget/Performance
    
                        
                                            
      
      
      Inspector General
    
                        
                                            
      
      
      Web Site Disclaimers
    
                        
                                            
      
      
      EEO/No Fear ActFOIA
    
                        
                                            
      
      
      The White House
    
                        
                                            
      
      
      USA.gov
    
                        
                                            
      
      
      Vulnerability Disclosure Policy
        Sign Up for Email Updates

Receive the latest updates from the Secretary, Blogs, and News Releases.

Sign Up
  HHS Headquarters
          200 Independence Avenue, S.W.
                  Washington, D.C. 20201
                  Toll Free Call Center: 1-877-696-6775​