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FAR and DFARS › FAR Part 27: Patents, Data, and Copyrights › Subpart 27.2

FAR 27.203-1 General.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section addresses how classified subject matter in patent applications must be handled. It warns that unauthorized disclosure may violate espionage statutes and harm national security, and it directs the contracting officer to determine the proper security classification and tell the contractor how to transmit the application. It also requires prompt action on foreign filing requests to avoid losing patent rights.

Applies to: Contracting officers handling patent applications containing classified subject matter

What it requires

  • The contracting officer shall ascertain the proper security classification of the patent application.
  • If the application contains classified subject matter, the contracting officer shall inform the contractor how to transmit the application to the United States Patent Office.
  • If the material is classified 'Secret' or higher, the contracting officer shall make every effort to notify the contractor within 30 days of the Government's determination.
  • The contracting officer shall promptly submit contractor-furnished information to legal counsel to ensure the security of the application.

Key terms: classified subject matter · security classification · Secret · foreign filing · United States Patent Office

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Unauthorized disclosure of classified subject matter, whether in patent applications or resulting from the issuance of a patent, may be a violation of 18 U.S.C. 792, et seq. (Chapter 37—Espionage and Censorship), and related statutes, and may be contrary to the interests of national security.

(b) Upon receipt of a patent application under paragraph (a) or (b) of the clause at 52.227-10, Filing of Patent Applications—Classified Subject Matter, the contracting officer shall ascertain the proper security classification of the patent application. If the application contains classified subject matter, the contracting officer shall inform the contractor how to transmit the application to the United States Patent Office in accordance with procedures provided by legal counsel. If the material is classified “Secret” or higher, the contracting officer shall make every effort to notify the contractor within 30 days of the Government's determination, pursuant to paragraph (a) of the clause.

(c) Upon receipt of information furnished by the contractor under paragraph (d) of the clause at 52.227-10, the contracting officer shall promptly submit that information to legal counsel in order that the steps necessary to ensure the security of the application will be taken.

(d) The contracting officer shall act promptly on requests for approval of foreign filing under paragraph (c) of the clause at 52.227-10 in order to avoid the loss of valuable patent rights of the Government or the contractor.

Sections it refers to

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

← 27.203 Security requirements for patent applications containing classified subject matter. · 27.203-2 Contract clause. →

Rule changes for FAR Part 27

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 27.203-1 General · SpendQuery