FAR 27.305-4—Protection of invention disclosures.
Plain-English Summary
FAR 27.305-4 addresses how the Government must protect invention disclosures and related information from public release while patent rights are being preserved. It covers three main topics: withholding invention disclosures reported under the patent rights clauses at 52.227-11 and 52.227-13, protecting the confidentiality of those disclosures under the policy in FAR 27.302(j), and using reasonable efforts to withhold other information that discloses a subject invention. It also explains that this protection can extend to contract data delivered under other requirements when the contractor identifies the data and ties it to the subject invention at the time of delivery. The section exists to prevent premature public disclosure that could jeopardize patent rights, including the ability to file timely patent applications and preserve statutory protections under 35 U.S.C. 205. In practice, this means contractors must clearly mark and notify the Government about invention-related information, and agencies must coordinate internally so that contracting officers and patent representatives can control access and disclosure. The section also points readers to 37 CFR 401.13 for additional implementing guidance.
Key Rules
Withhold invention disclosures
The Government will, to the extent authorized by 35 U.S.C. 205, withhold invention disclosures reported under the patent rights clauses at 52.227-11 or 52.227-13 from public disclosure for a reasonable time. The purpose is to allow patent applications to be filed before the information becomes public.
Follow confidentiality policy
The Government must apply the confidentiality policy in FAR 27.302(j) when handling these disclosures. That means agencies should treat invention-related information as sensitive and control access consistent with the patent protection purpose.
Protect other subject invention information
The Government should also use reasonable efforts to withhold from public disclosure other information that discloses a subject invention for a reasonable time. This is broader than the formal invention disclosure itself and can include related materials that reveal the invention.
Contract data may be covered
Data delivered under contract requirements may also be protected if the contractor notifies the agency at the time of delivery that the data identifies a subject invention. The notice must identify both the data and the subject invention it relates to.
Notify the right officials
The contractor’s notification must be provided to the contracting officer and to any patent representative to whom the invention is reported, if that person is not the contracting officer. This ensures the people responsible for patent handling know the data should be protected.
Consult implementing regulations
For additional guidance on protecting invention disclosures, the section directs users to 37 CFR 401.13. That regulation provides more detail on the handling of invention disclosures and related confidentiality protections.
Responsibilities
Government / Agency
Withhold invention disclosures from public release for a reasonable time, to the extent authorized by 35 U.S.C. 205, so patent applications can be filed. Use reasonable efforts to protect other information that reveals a subject invention and follow the confidentiality policy in FAR 27.302(j).
Contracting Officer
Receive contractor notifications identifying data tied to a subject invention, coordinate protection of the information, and ensure the disclosure is handled consistently with patent confidentiality requirements. If the contracting officer is also the patent representative, they serve in both roles; otherwise they must coordinate with the patent representative.
Patent Representative
If separate from the contracting officer, receive the contractor’s notification about invention-related data and help ensure the information is withheld from public disclosure for the appropriate period.
Contractor
When delivering contract data that discloses a subject invention, notify the agency at the time of delivery and identify both the data and the subject invention it relates to. Report invention disclosures under the applicable patent rights clauses so the Government can protect them.
Practical Implications
Contractors should not assume the Government will automatically recognize invention-related data; they need to identify it clearly at delivery or the protection may be lost or delayed.
Agencies need internal controls so invention disclosures and related data are routed to the contracting officer and patent staff before any public release or FOIA response.
The protection is time-limited and tied to a reasonable period for filing patent applications, so delays in reporting can create risk for both patent rights and confidentiality.
A common pitfall is failing to connect delivered technical data to the subject invention in the delivery notice; without that link, the Government may not know the material should be withheld.
This section works together with the patent rights clauses and 37 CFR 401.13, so users should read it as part of the broader invention reporting and patent protection framework rather than as a stand-alone rule.
Official Regulatory 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 .