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FAR and DFARS › FAR Part 27: Patents, Data, and Copyrights › Subpart 27.3

FAR 27.305-4 Protection of invention disclosures.

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 explains how the Government handles invention disclosures reported under the patent rights clauses. It commits the Government to withholding such disclosures from public release for a reasonable time so patent applications can be filed, and asks agencies to make reasonable efforts to protect other information that reveals a subject invention. For contractors, it matters because it describes the protection available for confidential invention-related data, but that protection for delivered data depends on the contractor giving timely notice.

Applies to: Government agencies handling contractor invention disclosures and contractors reporting subject inventions under FAR patent rights clauses

What it requires

  • Notify the agency at the time of data delivery as to the identity of the data and the subject invention to which it relates
  • Provide that notification to both the contracting officer and to any patent representative to which the invention is reported, if other than the contracting officer

Key terms: invention disclosures · subject invention · patent rights clauses · reasonable time · patent representative

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

The text

(a) The Government will, to the extent authorized by 35 U.S.C. 205, withhold from disclosure to the public any invention disclosures reported under the patent rights clauses of 52.227-11 or 52.227-13 for a reasonable time in order for patent applications to be filed. The Government will follow the policy in 27.302(j) regarding protection of confidentiality.

(b) The Government should also use reasonable efforts to withhold from disclosure to the public for a reasonable time other information disclosing a subject invention. This information includes any data delivered pursuant to contract requirements provided that the contractor notifies the agency as to the identity of the data and the subject invention to which it relates at the time of delivery of the data. This notification shall be provided to both the contracting officer and to any patent representative to which the invention is reported, if other than the contracting officer.

(c) For more information on protection of invention disclosures, also see 37 CFR 401.13.

Sections it refers to

  • 52.227-11 Patent Rights—Ownership by the Contractor.
  • 52.227-13 Patent Rights—Ownership by the Government.
  • 27.302 Policy.

Sections that refer to it

← 27.305-3 Securing invention rights acquired by the Government. · 27.306 Licensing background patent rights to third parties. →

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 27.305-4 Protection of invention disclosures · SpendQuery