FAR 27.300—Scope of subpart.
Plain-English Summary
FAR 27.300 is the scope statement for FAR subpart 27.3, which governs inventions made during performance of Government contracts and subcontracts for experimental, developmental, or research work. It tells readers that this subpart contains the policies, procedures, solicitation provisions, and contract clauses used to address invention rights and related obligations when the work is R&D in nature. It also makes clear that agencies may issue their own supplemental policies, procedures, solicitation provisions, and clauses, but only to the extent allowed by law and consistent with applicable regulations, including 37 CFR 401.1. In practice, this section is important because it signals that invention ownership, disclosure, reporting, and related patent-rights terms are not handled ad hoc; they are governed by a structured regulatory framework that can vary by agency within legal limits. Contractors and contracting officers should use this section as the gateway to determine whether agency-specific patent rights requirements apply and to identify the governing clauses for a particular R&D procurement.
Key Rules
Covers invention-related terms
This subpart applies to policies, procedures, solicitation provisions, and contract clauses dealing with inventions made during performance of Government contracts or subcontracts. The focus is on invention rights arising from experimental, developmental, or research work.
Applies to R&D work
The scope is limited to contracts and subcontracts for experimental, developmental, or research work. If the work is not of that character, this subpart is generally not the governing framework for invention-related terms.
Includes subcontract inventions
The rule expressly reaches inventions made under subcontracts as well as prime contracts. That means downstream performers may also be subject to patent rights obligations tied to the prime contract’s R&D work.
Agency supplements are allowed
Agencies may prescribe their own supplemental policies, procedures, solicitation provisions, and contract clauses. Those supplements must be authorized by law and consistent with applicable higher-level rules.
Must align with 37 CFR 401.1
Agency supplemental regulations are permitted only as allowed by law, including 37 CFR 401.1. This ties FAR implementation to the governmentwide patent rights framework for federally funded inventions.
Responsibilities
Contracting Officer
Identify whether the procurement involves experimental, developmental, or research work and apply the appropriate FAR and agency-specific invention-related provisions and clauses. Ensure any agency supplemental requirements used in the solicitation or contract are authorized and consistent with applicable law.
Agency
Issue supplemental policies, procedures, solicitation provisions, and contract clauses only within the limits permitted by law. Maintain consistency with the governmentwide framework, including 37 CFR 401.1, when establishing agency-specific invention rights requirements.
Contractor
Recognize that R&D contracts may carry invention-related obligations and review both FAR and agency-specific terms. Flow down or manage applicable invention-related requirements to subcontractors when the subcontract work falls within the covered experimental, developmental, or research scope.
Subcontractor
Comply with invention-related requirements that apply to subcontract performance on covered R&D work, including any disclosure or rights provisions incorporated through the subcontract or flowed down from the prime contract.
Practical Implications
This section is a roadmap, not the full rule set: it tells you where invention-rights requirements live, but the actual obligations will be in the specific FAR clauses, solicitation provisions, and agency supplements that follow.
A common pitfall is assuming all agencies use the same patent rights language; agency supplements can add important requirements, so both the base FAR and the agency supplement must be checked.
Contractors should pay close attention to subcontract flowdowns on R&D work, because invention obligations can apply below the prime level and create reporting or ownership issues if missed.
Contracting officers should verify that any agency-specific clause is legally authorized and properly tailored to the type of R&D work being procured.
Because this subpart is limited to experimental, developmental, or research work, classification of the work matters; misidentifying the effort can lead to using the wrong patent rights framework.
Official Regulatory Text
This subpart prescribes policies, procedures, solicitation provisions, and contract clauses pertaining to inventions made in the performance of work under a Government contract or subcontract for experimental, developmental, or research work. Agency policies, procedures, solicitation provisions, and contract clauses may be specified in agency supplemental regulations as permitted by law, including 37 CFR 401.1 .