D.C. Mun. Regs. tit. 27, r. 27-3107

Current through Register Vol. 71, No. 38, September 20, 2024

Rule 27-3107 - PATENT RIGHTS PROCEDURES

3107.1

A contract may require the contractor to do any or all of the following:

(a) Provide periodic reports (but not more frequently than annually) listing all inventions required to be disclosed during the period covered by each report;

(b) Provide a report prior to the closeout of the contract listing all inventions or stating that there were none;

(c) Provide, upon request, the patent application filing date, serial number and title, a copy of the patent application, and patent number and issue date for any subject invention in any country in which the contractor has applied for patents; and

(d) Furnish the District an irrevocable power to inspect and make copies of the patent application file.

3107.2

The contractor shall submit to the contracting officer a document confirming all rights to which the District is entitled, and shall furnish to the contracting officer an irrevocable power to inspect and make copies of the patent application file six (6) months after filing each patent application or within six (6) months after submitting the invention disclosure if the application has been previously filed.

3107.3

If the contracting officer determines in writing that it is in the best interests of the District, the contracting officer may modify, waive, or omit any of the rights set forth in § 3106.2 of this chapter. The modification, waiver, or omission shall be in writing and shall be accompanied by a written statement of facts justifying the determination. The statement of facts shall include the following:

(a) A description of the extent to which the District's rights are to be modified, waived, or omitted:

(b) The facts and justification for the modification, waiver, or omission; and

(c) A statement explaining how the interests of the District will be better served by the modification, waiver, or omission.

3107.4

The contractor shall establish and maintain effective procedures to ensure that its patent rights obligations are met, that subject inventions are timely identified and disclosed, and that patent applications are filed when required.

3107.5

Contractors shall submit all reports required by the contracting officer in accordance with the contract.

3107.6

The contracting officer shall establish follow- up procedures to protect the District's interests and to ensure that subject inventions are identified and disclosed; that, when required, patent applications are filed; and that the District's rights are established and protected.

D.C. Mun. Regs. tit. 27, r. 27-3107

Final Rulemaking published at 35 DCR 1619 (February 26, 1988); amended by Final Rulemaking published at 65 DCR 11919 (10/26/2018)