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FAR and DFARS › FAR Part 52: Solicitation Provisions and Contract Clauses › Subpart 52.2

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

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 clause controls how a contractor files patent applications when the contract involves classified subject matter. It requires the contractor to notify or provide copies to the Contracting Officer before filing certain applications, and to get written approval before filing in other countries. It matters because it sets security-related steps a contractor must follow to protect classified information during patent filing.

Applies to: Contractors whose contract involves classified subject matter

What it requires

  • Before filing a US patent application disclosing contract subject matter classified Secret or higher, transmit the proposed application to the Contracting Officer, citing the 30-day provision.
  • Observe the Contracting Officer's instructions on how to deliver the patent application to the US Patent Office.
  • Before filing a US patent application disclosing contract subject matter classified Confidential, furnish a copy to the Contracting Officer.
  • Get written Contracting Officer approval before filing a patent application or registration in any country other than the US for classified contract subject matter.

Key terms: classified subject matter · Secret or higher · Confidential · order of secrecy · Contracting Officer

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

The text

As prescribed at 27.203-2, insert the following clause:

Filing of Patent Applications—Classified Subject Matter (DEC 2007)

(a) Before filing or causing to be filed a patent application in the United States disclosing any subject matter of this contract classified Secret or higher, the Contractor shall, citing the 30-day provision below, transmit the proposed application to the Contracting Officer. The Government shall determine whether, for reasons of national security, the application should be placed under an order of secrecy, sealed in accordance with the provision of 35 U.S.C. 181-188, or the issuance of a patent otherwise delayed under pertinent United States statutes or regulations. The Contractor shall observe any instructions of the Contracting Officer regarding the manner of delivery of the patent application to the United States Patent Office, but the Contractor shall not be denied the right to file the application. If the Contracting Officer shall not have given any such instructions within 30 days from the date of mailing or other transmittal of the proposed application, the Contractor may file the application.

(b) Before filing a patent application in the United States disclosing any subject matter of this contract classified Confidential, the Contractor shall furnish to the Contracting Officer a copy of the application for Government determination whether, for reasons of national security, the application should be placed under an order of secrecy or the issuance of a patent should be otherwise delayed under pertinent United States statutes or regulations.

(c) Where the subject matter of this contract is classified for reasons of security, the Contractor shall not file, or cause to be filed, in any country other than in the United States as provided in paragraphs (a) and (b) of this clause, an application or registration for a patent containing any of the subject matter of this contract without first obtaining written approval of the Contracting Officer.

(d) When filing any patent application coming within the scope of this clause, the Contractor shall observe all applicable security regulations covering the transmission of classified subject matter and shall promptly furnish to the Contracting Officer the serial number, filing date, and name of the country of any such application. When transmitting the application to the United States Patent Office, the Contractor shall by separate letter identify by agency and number the contract or contracts that require security classification markings to be placed on the application.

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts that cover or are likely to cover classified subject matter.

(End of clause)

Sections it refers to

Sections that refer to it

← 52.227-9 Refund of Royalties. · 52.227-11 Patent Rights—Ownership by the Contractor. →

Rule changes for FAR Part 52

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

FAR 52.227-10 Filing of Patent Applications—Classified Subject Matter · SpendQuery