D.C. Mun. Regs. r. 27-3325

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-3325 - PATENT AND ROYALTY COSTS

3325.1

The following patent costs shall be allowable to the extent that they are incurred as a requirement of a District contract and where title or a royalty-free perpetual license is to be conveyed to the District:

(a) Costs of preparing invention disclosures, reports, and other documents;

(b) Costs for searching the art to the extent necessary to make the invention disclosures; and

(c) Other costs in connection with the filing and prosecution of the United States patent application.

3325.2

General counseling services relating to patent matters, such as advice on patent laws, regulations, clauses, and employee agreements, shall be allowable.

3325.3

Royalties on a patent or amortization of the cost of purchasing a patent or patent rights necessary for the proper performance of the contract and applicable to contract products or processes shall be allowable unless one (1) or more of the following apply:

(a) The District has a license or the right to a free use of the patent;

(b) The patent has been adjudicated to be invalid or has been administratively determined to be invalid;

(c) The patent is unenforceable; or

(d) The patent has expired.

3325.4

In any case involving a patent formerly owned by the contractor, the contracting officer shall not allow a royalty amount in excess of the cost which would have been allowed if the contractor had retained title.

D.C. Mun. Regs. r. 27-3325

Final Rulemaking published at 35 DCR 1664 (February 26, 1988)