[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR27.304-5]

[Page 509]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 27--PATENTS, DATA, AND COPYRIGHTS--Table of Contents
 
         Subpart 27.3--Patent Rights Under Government Contracts
 
Sec. 27.304-5  Appeals.

    (a) The agency official initially authorized to take any of the 
following actions shall provide the contractor with a written statement 
of the basis for the action at the time the action is taken, including 
any relevant facts that were relied upon in taking the action:
    (1) A refusal to grant an extension to the invention disclosure 
period under subparagraph (c)(4) of the clauses at 52.227-11 and 52.227-
12.
    (2) A request for a conveyance of title to the Government under 
27.302(d)(1)(i) through (v).
    (3) A refusal to grant a waiver under 27.302(g), Preference for U.S. 
Industry.
    (4) A refusal to approve an assignment under 27.304-1(h)(1).
    (5) A refusal to approve an extension of the exclusive license 
period under 27.304-1(h)(2).
    (b) Each agency shall establish and publish procedures under which 
any of the agency actions listed in paragraph (a) above may be appealed 
to the head of the agency or designee. Review at this level shall 
consider both the factual and legal basis for the action and its 
consistency with the policy and objectives of 35 U.S.C. 200-206 and this 
subpart.
    (c) Appeals procedures established under paragraph (b) of this 
subsection shall include administrative due process procedures and 
standards for fact-finding at least comparable to those set forth in 37 
CFR part 401.6(e)-(g) whenever there is a dispute as to the factual 
basis for an agency request for a conveyance of title under 27.302(d)(1) 
(i) through (v) including any dispute as to whether or not an invention 
is a subject invention.
    (d) To the extent that any of the actions described in paragraph (a) 
above are subject to appeal under the Contract Disputes Act, the 
procedures under that Act will satisfy the requirements of paragraphs 
(b) and (c) above.

[49 FR 12974, Mar. 30, 1984, as amended at 54 FR 25068, June 12, 1989 
and 55 FR 25525, June 21, 1990]