Effective Date: 06/30/2026 (see HHSAR CD 2026-14)
Subpart 327.3 – Patent Rights under Government Contracts
327.303 Contract clauses.
Subpart 327.4 – Rights in Data and Copyrights
327.409 Solicitation provisions and contract clauses.
327.409-70 Contract clauses.
Subpart 327.3 – Patent Rights under Government Contracts
327.303 Contract clauses.
(b) Insert a clause substantially the same as the clause at 352.227-70, Patent Rights – Supplement – Exceptional Circumstances, in lieu of FAR 52.227-11, Patent Rights-Ownership by the Contractor, in solicitations, contracts, and orders when a Determination of Exceptional Circumstances (DEC) has been executed.
Subpart 327.4 – Rights in Data and Copyrights
327.409 Solicitation provisions and contract clauses.
327.409-70 Contract clauses.
(a) Insert a clause substantially the same as the clause at 352.227-71, Rights in Data – Supplement – Exceptional Circumstances, in solicitations, contracts, and orders that include the clause at 52.227-14, Rights in Data-General, including any appropriate Alternates; and a DEC has been executed.
(b) Insert the clause at 352.227-72, Publications and Publicity, in solicitations, contracts, and orders that involve requirements that may lead to the contractor publishing the results of its work.