52.227-10 Filing of Patent Applications--Classified Subject Matter.
As prescribed at 27.207-2, insert the following clause:
FILING OF PATENT APPLICATIONS--CLASSIFIED SUBJECT MATTER
(a) Before filing or causing to be filed a patent application in
the United States disclosing any subject matter of this contract
classified 'Secret' or higher, the Contractor shall, citing the
30-day provision below, transmit the proposed application to the
Contracting Officer. The Government shall determine whether, for
reasons of national security, the application should be placed under
an order of secrecy, sealed in accordance with the provision of 35
U.S.C. 181-188, or the issuance of a patent otherwise delayed under
pertinent United States statutes or regulations. The Contractor
shall observe any instructions of the Contracting Officer regarding
the manner of delivery of the patent application to the United
States Patent Office, but the Contractor shall not be denied the
right to file the application. If the Contracting Officer shall not
have given any such instructions within 30 days from the date of
mailing or other transmittal of the proposed application, the
Contractor may file the application.
(b) Before filing a patent application in the United States
disclosing any subject matter of this contract classified
'Confidential', the Contractor shall furnish to the Contracting
Officer a copy of the application for Government determination
whether, for reasons of national security, the application should be
placed under an order of secrecy or the issuance of a patent should
be otherwise delayed under pertinent United States statutes or
(c) Where the subject matter of this contract is classified for
reasons of security, the Contractor shall not file, or cause to be
filed, in any country other than in the United States as provided in
paragraphs (a) and (b) of this clause, an application or registration
for a patent containing any of the subject matter of this contract
without first obtaining written approval of the Contracting Officer.
(d) When filing any patent application coming within the scope of
this clause, the Contractor shall observe all applicable security
regulations covering the transmission of classified subject matter
and shall promptly furnish to the Contracting Officer the serial
number, filing date, and name of the country of any such application.
When transmitting the application to the United States Patent Office,
the Contractor shall by separate letter identify by agency and number
the contract or contracts that require security classification markings
to be placed on the application.
(e) The Contractor agrees to include, and require the inclusion
of, this clause in all subcontracts at any tier that cover or are
likely to cover classified subject matter.
(End of clause)
(R 7 -104.6 1969 DEC)
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