for procurement or manufacturing purposes may be made without the contractor's permission, to another contractor, only for the purpose of manufacture required in connection with repair or overhaul where an item is not procurable commercially so as to enable the timely performance of the overhaul or repair work. Whenever such data is to be released or disclosed outside the Government for such overhaul or repair purposes, the contracting officer will cause the action specified in paragraph (d) of this section to be taken.

(b) Release of data subject to the restrictive provisions of paragraph (b) (2) of the Rights in Technical Data clause, ASPR 9-203(b) (April 1, 1965) outside the Government for manufacture or procurement may be made without the written permission of the party named in the contract in which the data was delivered only for emergency repair or overhaul work for the Government, where the item or process concerned is not otherwise reasonably available to enable timely performance of the work. Whenever such data is to be released or disclosed outside the Government for such repair or overhaul work, the contracting officer will cause the action specified in paragraph (d) of this section to be taken.

(c) The data specified in paragraphs (a) and (b) of this section will not be released until a request therefor has been made by the overhaul or repair contractor, and it has been determined and a finding to that effect made by the contracting officer, approved by the director of procurement or his deputy, that the item or process concerned is not procurable or available as set forth in paragraph (a) or (b) of this section.

(d) (1) Include in the overhaul or repair contract the following clause:

Certain data which may be furnished by the Government to the contractor under this contract have been obtained by the Government subject to restriction upon disclosure. Such data or restricted portions are marked with an appropriate legend. Contractor will abide by the restrictions appearing on such data and will not reproduce such data in whole or in part without reproducing such restrictions.

(2) Require that the legend authorized by the ASPR paragraphs cited in paragraphs (a) and (b) of this section and appearing on the data is reproduced on the copies of data distributed.

§ 1009.205-2 Purchase of existing motion pictures or television recordings. (a) In contracts which are exclusively for procurement of unmodified existing motion pictures, the question of the rights to be obtained by the Air Force must be considered on a case-by-case basis. In certain contracts it may be appropriate to have no data clause at all. In others, the clause will have to be prepared consistent with the purposes for which the material covered by the contract is being procured. The clause set forth in this paragraph is suggested as a general pattern but may be modified or altered in any way or omitted entirely by the procuring activity depending on the purpose of the particular contract. Subparagraph (1) of the clause in this paragraph may include appropriate language to restrict the license to: Television lowpower military coverage; AF base usage; AF regular and reserve components only; and AF regular, reserve, and civilian components only, or similar restricted usage.

COPYRIGHTS

(1) The Contractor agrees to grant and does hereby grant to the Government a royalty-free, nonexclusive and irrevocable license to distribute, exhibit, and use the films called for under this contract for nonprofit military purposes throughout the entire world and to authorize others to do so, but not to reproduce, revise, alter or televise such films.

(2) The Contractor agrees to indemnify and save and hold harmless the Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, for (1) violation of proprietary rights, copyrights, or rights of privacy, arising out of the exhibition or use of any material furnished under this contract, or (11) based upon any libelous or other unlawful matter contained in said material.

(b) In contracts which call for the modification of existing motion pictures through the addition of subject matter specified by the contract, the clause in § 9.204-2 of this title will be included instead of the clause in paragraph (a) of this section.

§ 1009.250 Copyright problems.

Copyright problems arising within AFLC, and organizations located on Wright-Patterson AFB, should be referred to AFLC (MCJCP): Within AFSC, other than AFLC and organizations located on Wright-Patterson AFB, to

AFSC (SCJP). Copyright problems arising outside AFLC, organizations located on Wright-Patterson AFB, or AFSC should be referred directly to the Chief, Patents Division, AFJALE, 8719 Colesville Road, Silver Spring, Md. 20910. § 1009.251 Copyright infringement claims.

All communications received in any AF activity in which a claim is made that a copyright has been infringed will be forwarded and action taken as provided in § 1009.401-50.

Subpart C-[Reserved]

Subpart D-Processing of Licenses, Assignments, and Infringement Claims

§ 1009.401-50 Processing of infringement claims.

This section sets forth the procedure for referring the following: (a) All proposed contracts where the primary item of procurement is a license under, or an assignment of, an invention or a patent; (b) all reports of notices or claims of patent infringement received by contracting officers from contractors under the provisions of § 9.104 of this title; and (c) all communications received in any AF activity in which a claim is made that the manufacture, use, or disposition of any article, material, or process by or for that activity or by or for any other AF activity, involves or will involve the unauthorized use of any invention or design, whether patented or unpatented.

(1) All such proposed contracts, reports, or communications arising within AFSC and OAR will be forwarded to AFSC (SCJP), who will acknowledge receipt thereof and forward the same, together with a statement of pertinent facts, to the Chief, Patents Division.

(2) All such proposed contracts, reports, or communications arising within AFLC will be forwarded to AFLC (MCJCP) who will acknowledge receipt thereof and forward the same, together with the statement of all pertinent facts to the Chief, Patents Division.

(3) All such proposed contracts, reports, or communications arising in AF activities other than AFLC, OAR, and AFSC will be forwarded, along with a statement of all pertinent facts, directly to the Chief, Patents Division.

[33 F.R. 4183, Mar. 6, 1968]

Subparts E Through I-[Reserved] Subpart J-Processing of Purchase Requests and Military Interdepartmental Purchase Requests

SOURCE: The provisions of this Subpart J appear at 32 F.R. 3014, Feb. 17, 1967, unless otherwise noted.

§ 1009.1000 Scope of subpart.

This subpart sets forth procedures for processing purchase requests (PRS) and military interdepartmental purchase requests (MIPRs) and prescribes the activity of the cognizant procurement staff judge advocate for the procuring activity concerned, with respect to the inclusion of patent and data clauses in appropriate cases.

(a) References should be made to the directives for each procuring activity relative to the preparation of PRS and MIPRS. For AFLC and AFSC, reference should be made to AFLCM 57-7/AFSCM 57-2. Further reference should be made to Subpart B of this part with respect to acquisition of data.

(b) PRS and MIPRS may be submitted to the procurement staff judge advocate for review or recommendation as to the inclusion of the appropriate patent and data clauses.

§ 1009.1002 Activity of the procurement staff judge advocate and exceptions to recommendations.

(a) Whenever a prospective contractor refuses to accept a patent or data provision, the use of which is authorized but is not mandatory under Subchapter A, Chapter I of this title or this subchapter, the matter will be referred to the procurement staff judge advocate for consideration and recommendation. The procurement staff judge advocate will recommend in writing acceptance of any substitute provision proposed by the contracting officer or will furnish the contracting officer a written statement of the reason why the proposed provision should not be accepted. SCJP or MCJCP, as appropriate, should be consulted in the event a controversy arises in regard to interpretation of Part 9 of this title or the clauses contained therein

or the administrative requirements

thereof.

(b) The contracting officer will not consider any proposal or request preparation of a contract so long as there is any disagreement between the prospective

contractor and the recommendations of the procurement staff judge advocate concerning patent or data clauses unless an exception from the recommendations of the procurement staff judge advocate has been approved as follows, within:

(1) AFLC by the Deputy for Procurement, Hq AFLC, on the written recommendation of AFLC field procurement activities.

(2) AFSC by the DCS or Assistant DCS/Procurement and Production, Hq

AFSC.

(3) The procuring activities other than subparagraphs (1) and (2) of this paragraph, according to the directives of each activity.

Subpart K-Processing Reports of Inventions and Subcontracts, Invention Disclosures, Patent Applications, and Patent Clearances

SOURCE: The provisions of this Subpart K appear at 32 F.R. 3014, Feb. 17, 1967, unless otherwise noted.

§ 1009.1100 Scope of subpart.

This subpart establishes responsibilities and procedures for processing Reports of inventions and Subcontracts (both Interim and Final Reports), Invention Disclosures, and other documents as required by contract clauses, and the issuance of patent clearances authorizing final payment to the contractor.

[33 F.R. 4183, Mar. 6, 1968]

§ 1009.1101 Applicability of subpart. This subpart applies to:

(a) Contractors and subcontractors. (b) Office of the Staff Judge Advocate, Hq AFLC.

(c) Office of the Staff Judge Advocate, Hq AFSC.

(d) AFLC field procurement activities. (e) AFSC field procurement activities. (f) Contract administration activities. (g) Accounting and finance offices. [32 F.R. 3014, Feb. 17, 1967, as amended at 33 F.R. 4183, Mar. 6, 1968]

§ 1009.1102 Definitions.

For the purpose of this subpart:

(a) The "office administering the contract" is the administrative contracting office (ACO) or the activity charged with administration of the contract.

(b) "Patent clearance" means a letter or other formal communication stating that the reporting requirements of the Patent Rights clause contained in a con

tract have been complied with by the contractor.

(c) "Procurement Staff Judge Advocate." See § 1009.050 (b).

[32 F.R. 3014, Feb. 17, 1967, as amended at 33 F.R. 4183, Mar. 6, 1968]

§ 1009.1103 Responsibility of contractor. The contractor is to comply with the requirements of the particular Patent Rights clause contained in its contract. [33 F.R. 4183, Mar. 6, 1968]

§ 1009.1104

Responsibility of the office administering the contract.

The basic responsibilities of the office administering the contract are set forth in § 9.109-2(c) of this title. Invention disclosures, reports, confirmatory instruments, notices, requests, and other documents and information relating to Patent Rights clauses will be reviewed for administrative sufficiency and then forwarded to the procurement staff judge advocate. A suspense file and other follow-up procedures should be established to assure timely submission of the documents by the contractors. To maintain effective surveillance of contractor and subcontractor actions. under the Patent Rights clauses of contracts and to assure that each contractor and subcontractor is aware of its responsibilities under such clauses there is provided, a sample letter (with inclosure) which will be sent to contractors by the office administering the contract, promptly after the award of each contract, and another sample letter (with the same inclosure) which will be sent to subcontractors by the office administering the contract, promptly after such office has been informed by the contractor of the award of a subcontract.

Reply to

Attn. of: (Contract Administration Office) Subject: (Contract No.)

To: (Contractor)

1. The subject contract contains a Patent Rights Clause, the provisions of which impose certain obligations relative to inventions made and subcontracts awarded under the contract. This opportunity is therefore taken to forward the inclosed summary of the principal obligations imposed upon a contractor under the clause and of the type of invention-monitoring activities believed essential for the proper discharge of these obligations. In the event of any inconsistency between this summary and contract clause, the contract clause shall govern.

2. To facilitate the administration of the provisions of the clause, both during and

To: (Subcontractor)

1. This office has been advised that the subject subcontract containing a Patent Rights Clause has been awarded you under the above-referenced prime contract. This Contracting Office has reviewed the nature of the work to be performed under the subcontract and is of the view that it is a likely source of patentably novel technical developments of importance to the Government. This opportunity is therefore taken to forward the inclosed summary of the principal obligations imposed upon you under the clause, and of the type of invention-monitoressential for the ing activities believed proper discharge of these obligations.

2. To facilitate the administration of the provisions of the clause, both during and after the life of the contract, it is requested that this office be advised, at an early date, of the individual in your organization having the direct responsibility for complying with the provisions of the clause under this subcontract. It is desirable that this individual be identified by name, title, and telephone number.

3. If this office can be of any assistance in this matter, the undersigned may be reached on area code * *

e. Submission of instruments confirmatory of governmental interest in subject

inventions.

f. Inclusion of a patent rights clause in certain type subcontracts.

g. Prompt notification of award and completion of subcontracts containing a patent rights clause and furnish a copy of such subcontract.

2. The following summarizes the type of invention-monitoring activities believed essential to a contractor's discharge of the principal obligations of the clause:

a. Early alerting of technical employees, particularly those engaged in creative efforts, of the contractual obligation to report all inventions made under the contract. Such notification should preferably identify the types of novel technical developments which may be of an inventive nature and make clear that the term "made" covers either, or both, a first conception or a first demonstration of practicability.

b. Keeping readily identifiable and available permanent records of technical work, particularly of a creative nature, performed under the contract.

c. Periodic and systematic review of technical work, as well as reports, discussions etc., thereon, by personnel knowledgeable in the identification of inventions, determination of inventorship and recognition of potential statutory bars to patenting.

d. Review of work to be subcontracted for the purpose of determining the need for inclusion of a patent rights clause therein.

e. Establishment of responsibility for the preparation and submission of invention disclosures, invention reports, domestic and foreign filing notifications and subcontract award and completion notifications.

The office administering the contract will take the following action with respect to the following:

(a) Invention disclosures. Invention disclosures, where the contractor elects not to file for patent, must be processed rapidly to preclude the possible loss of valuable patent rights. The covering letter forwarding these disclosures to the procurement staff judge advocate will contain the following information:

(1) Name of contractor and contract number.

(2) Title of invention and name of inventor(s).

(b) Interim reports of inventions. Two copies of each interim report of inventions will be forwarded to the procurement staff judge advocate. The reports will be forwarded whether affirmative or negative and at least one copy will be an original, manually signed by the appropriate representative of the contractor. One copy of the report will be retained by the office administering the contract.

as a part of the official contract file. The cover letter forwarding these reports will include the name of the contractor and contract number.

(c) Final reports of inventions and reports of subcontracts. (1) Assure that the reports are obtained from the contractors in sufficient time to enable the issuance of a patent clearance before the presentation by the contractor of its completion voucher to the accounting and finance office. The original and one copy of each report, whether affirmative or negative, will be forwarded to the procurement staff judge advocate. One copy will be retained. The cover letter forwarding the reports will include the name of the contractor and the contract number.

(2) Furnish the procurement staff judge advocate copies of subcontracts received from the prime contractor, containing patent rights clauses.

(3) Make determination, after consultation with procurement staff judge advocate, as to withholding of payments, if appropriate.

(d) Classified patent applications. (1) When a copy of a patent application is submitted pursuant to the provision of § 9.106 of this title, the office administering the contract, in consultation with the procurement staff judge advocate, project engineer and/or contract monitor, will determine whether the application should be security classified.

(2) The contractor will be informed of the applicable security classification. (3) Copies of patent applications determined to be classified will be forwarded to AFSC (SCJP), together with the filing data required by paragraph (d) of the clause of § 9.106 of this title, and a statement of the proper classification to be assigned. AFSC will be informed also of such patent applications determined not to be classified.

[33 F.R. 4183, Mar. 6, 1968]

§ 1009.1104-1 Responsibility of Procurement Contracting Officer (PCO). (a) The PCO will inform the office administering the contract, preferably in the schedule of the contract, no later than the time the contract is transferred for administration, the identity and the address of the staff judge advocate who will be responsible for the patent aspects of each contract which contains a Patent Rights clause.

(b) The PCO will furnish to the cognizant staff judge advocate a copy of each contract, which contains a Patent

(a) Invention disclosures. All invention disclosures transmitted to the procurement staff judge advocate according to § 1009.1104 will be reviewed for technical sufficiency. If not technically sufficient, any additional information needed will be requested through the office administering the contract.

(b) Confirmatory licenses. Confirmatory licenses will be forwarded to AFSC (SCJP) or AFLC (MCJCP), as appropriate.

(c) Interim reports of inventions. The procurement staff judge advocate will retain the interim reports of inventions. If the report lists any inventions upon which no invention disclosures have been submitted, the procurement staff judge advocate will assure timely submission by the contractor of the invention disclosures.

(d) Final Report of Inventions. The procurement staff judge advocate will retain the Final Report of Inventions. If the report lists any inventions upon which no invention disclosures have been submitted, the procurement staff judge advocate will assure timely submission by the contractor of the invention disclosures. The procurement staff judge advocate will take the following action with respect to the Final Report of Inventions:

(1) Laboratory check. To ascertain whether the contractor has reported all inventions, improvements, or discoveries made under the contract, the procurement staff judge advocate will conduct a laboratory check as follows:

(i) A copy of the Final Report of Inventions will be transmitted to the project engineer or other technical personnel who are familiar with the work done under the contract. Additionally, copies of all invention disclosures submitted under the contract will be made available to the project engineer or other technical personnel.

(ii) The project engineer or other technical personnel will be requested to review the Final Report of Inventions and render an opinion whether or not