NASA 1852.227-85 Invention Reporting and Rights--Foreign. Basic (APR 2015)

As prescribed in 1827.303(e)(1), when work is to be performed outside the United States by contractors that are not domestic firms, the clause at 1852.227-85, Invention Reporting and Rights—Foreign, shall be used unless the contracting officer determines, with concurrence of the center patent or intellectual property counsel, that the objectives of the contract would be better served by use of the clause at FAR 52.227-13, Patent Rights—Ownership 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 27.304-3 regarding subcontracts with U.S. firms.)

(2) When one of the conditions in FAR 27.303(e)(1)(i) through (iv) is met, the contracting officer shall consult with the center patent or intellectual property counsel to determine the appropriate clause.

INVENTION REPORTING AND RIGHTS--FOREIGN (APR 2015)

(a) As used in this clause, the term "invention" means any invention, discovery or improvement, and "made" means the conception or first actual demonstration that the invention is useful and operable.

(b) The Contractor shall report promptly to the Contracting Officer each invention made in the performance of work under this contract. The report of each such invention shall—

    (1) Identify the inventor(s) by full name; and

    (2) Include such full and complete technical information concerning the invention as is necessary to enable an understanding of the nature and operation thereof.

(c) The Contractor hereby grants to the Government of the United States of America as represented by the Administrator of the National Aeronautics and Space Administration the full right, title and interest in and to each such invention throughout the world, except for the foreign country in which this contract is to be performed. As to such foreign country, Contractor hereby grants to the Government of the United States of America as represented by the Administrator of the National Aeronautics and Space Administration an irrevocable, nontransferable, nonexclusive, royalty-free license to practice each such invention by or on behalf of the United States of America or any foreign government pursuant to any treaty or agreement with the United States of America, provided that Contractor within a reasonable time files a patent application in that foreign country for each such invention. Where Contractor does not elect to file such patent application for any such invention in that foreign country, full right, title and interest in and to such invention in that foreign country shall reside in the Government of the United States of America as represented by the Administrator of the National Aeronautics and Space Administration.

(d) The Contractor agrees to execute or to secure the execution of such legal instruments as may be necessary to confirm and to protect the rights granted by paragraph (c) of this clause, including papers incident to the filing and prosecution of patent applications.

(e) Upon completion of the contract work, and prior to final payment, the Contractor shall submit to the Contracting Officer a final report listing all inventions required to be reported under this contract or certifying that no such inventions have been made.

(f) In each subcontract, the Contractor awards under this contract where the performance of research, experimental design, engineering, or developmental work is contemplated, the Contractor shall include this clause (suitably modified to substitute the subcontractor in place of the Contractor) and the name and address of the Contracting Officer.

(End of Clause)

(f) In each subcontract, the Contractor awards under this contract where the performance of research, experimental design, engineering, or developmental work is contemplated, the Contractor shall include this clause (suitably modified to substitute the subcontractor in place of the Contractor) and the name and address of the Contracting Officer.

Mandatory (Exception);
Not a major defense system ✖ Non-R&D ✖ Domestic ✖ 

52.227-1 Authorization and Consent.

52.227-10 Filing of Patent Applications—Classified Subject Matter.

52.227-11 Patent Rights—Ownership by the Contractor.

52.227-13 Patent Rights—Ownership by the Government.

52.227-14 Rights in Data—General.

52.227-15 Representation of Limited Rights Data and Restricted Computer Software.

52.227-16 Additional Data Requirements.

52.227-17 Rights in Data—Special Works.

52.227-19 Commercial Computer Software License.

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

52.227-20 Rights in Data—SBIR Program.

52.227-21 Technical Data Declaration, Revision, and Withholding of Payment—Major Systems.

52.227-22 Major System—Minimum Rights.

52.227-23 Rights to Proposal Data (Technical).

52.227-3 Patent Indemnity.

52.227-4 Patent Indemnity—Construction Contracts.

52.227-6 Royalty Information.

52.227-7 Patents—Notice of Government Licensee.

52.227-9 Refund of Royalties.

252.217-7026 Identification of Sources of Supply.

252.227-7000 Non-Estoppel.

252.227-7001 Release of Past Infringement.

252.227-7002 Readjustment of Payments.

252.227-7003 Termination.

252.227-7004 License Grant.

252.227-7005 License Term.

252.227-7006 License Grant---Running Royalty.

252.227-7007 License Term--Running Royalty.

252.227-7008 Computation of Royalties.

252.227-7009 Reporting and Payment of Royalties.

252.227-7010 License to Other Government Agencies.

252.227-7011 Assignments.

252.227-7013 Rights in Technical Data--Noncommercial Items.

252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation.

252.227-7015 Technical Data–Commercial Items.

252.227-7016 Rights in Bid or Proposal Information.

252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions.

252.227-7018 Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program.

252.227-7019 Validation of Asserted Restrictions--Computer Software.

252.227-7020 Rights in Special Works.

252.227-7021 Rights in Data--Existing Works.

252.227-7022 Government Rights (Unlimited).

252.227-7023 Drawings and Other Data to Become Property of Government.

252.227-7024 Notice and Approval of Restricted Designs.

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

252.227-7026 Deferred Delivery of Technical Data or Computer Software.

252.227-7027 Deferred Ordering of Technical Data or Computer Software.

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government.

252.227-7032 Rights in Technical Data and Computer Software (Foreign).

252.227-7037 Validation of Restrictive Markings on Technical Data.

252.227-7038 Patent Rights—Ownership by the Contractor (Large Business).

252.227-7039 Patents--Reporting of Subject Inventions.

252.246-7001 Warranty of Data.

1852.227-11 Patent Rights--Retention by the Contractor (Short Form).

1852.227-14 Rights in Data--General.

1852.227-19 Commercial Computer Software--Restricted Rights.

1852.227-70 New Technology-Other than a Small Business Firm or Nonprofit Organization.

1852.227-71 Requests for Waiver of Rights to Inventions.

1852.227-72 Designation of New Technology Representative and Patent Representative.

1852.227-84 Patent Rights Clauses.

1852.227-86 Commercial Computer Software--Licensing.

1852.227-88 Government-furnished computer software and related technical data.

5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

5252.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

5252.227-9512 TRADEMARK MANUFACTURE/USE LICENSE AGREEMENT (NAVAIR)

5252.227-9501 Invention Disclosures and Reports (NAVAIR) (May 1998)

5252.227-9511 Disclosure, Use and Protection of Proprietary Information (NAVAIR) (Feb 2009)

5252.227-9216 Pre-award Identification and Assertion of Restrictions on Technical Data Pertaining to a Commercial Item and Commercial Computer Software

552.227-70 Government Rights (Unlimited).

552.227-71 Drawings and Other Data to Become Property of Government.

752.227-14 Rights in Data—general.

752.227-70 Patent reporting procedures.

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