FAR 35.012—Patent rights.
Plain-English Summary
FAR 35.012 is a cross-reference provision, not a substantive patent-rights rule. It tells readers that patent rights issues in research and development contracting are governed by agency-specific regulations and FAR part 27, which covers patents, data, and copyrights. In practice, this section signals that you cannot determine patent ownership, contractor reporting obligations, government license rights, or invention disclosure procedures from FAR part 35 alone; you must look to the applicable agency supplement and the detailed patent-rights clauses and policies in part 27. Its purpose is to prevent duplication in the FAR and to direct contracting officers, contractors, and researchers to the controlling authorities for inventions, subject inventions, licenses, and related intellectual property matters arising under R&D work. For federal contracting, the practical significance is that patent-rights terms may vary by agency and contract type, and they must be handled under the correct regulatory framework rather than assumed from the research and development part of the FAR.
Key Rules
Refer to Part 27
Patent rights are not defined in this section. The controlling FAR guidance is in part 27, which addresses patents, data, and copyrights, including the clauses and procedures that govern inventions and rights in technical information.
Check Agency Regulations
Agency-specific regulations may supplement or modify the basic FAR framework for patent rights. Users must review the applicable agency acquisition regulations to determine the exact requirements for a particular contract or grant-like arrangement.
No Standalone Patent Rule
This section does not create independent patent-rights obligations or entitlements. It functions only as a pointer to the governing authorities, so any rights, notices, disclosures, or license terms must come from the referenced regulations and contract clauses.
Responsibilities
Contracting Officer
Identify and apply the correct patent-rights authorities in FAR part 27 and the applicable agency regulations when drafting, negotiating, and administering R&D contracts. Ensure the solicitation and contract include the proper intellectual property clauses and that the contractor is directed to the controlling requirements.
Contractor
Review the applicable agency regulations and FAR part 27 to understand invention disclosure, ownership, licensing, and reporting obligations. Do not rely on FAR 35.012 alone to determine rights in inventions or technical data.
Agency
Issue and maintain any agency-specific patent-rights regulations that supplement the FAR framework. Ensure internal policies align with part 27 and provide clear guidance for contracting personnel and performers.
Research Performer / Inventor
Follow the patent-rights procedures applicable to the contract, including any disclosure, election, or reporting requirements established under part 27 and agency rules. Coordinate with the contractor or institution to preserve rights and meet deadlines.
Practical Implications
This section is a signpost, so the main task is to look elsewhere for the actual patent-rights rules; missing that step is a common mistake.
Because agency supplements matter, two similar R&D contracts at different agencies may have different patent-rights procedures or clause prescriptions.
Contracting officers should verify the correct clause set early, especially for R&D, university, and cooperative research arrangements where invention rights are often sensitive.
Contractors should not assume standard commercial IP terms apply; federal patent-rights provisions can require prompt disclosure and specific government license rights.
If patent-rights issues are mishandled, the result can be disputes over ownership, lost rights, noncompliance findings, or delays in technology transfer and contract closeout.
Official Regulatory Text
For a discussion of patent rights, see agency regulations and part 27 .