DEV
This clause is modified by 1 active class deviation
- 2026-O0036 — DFARS RFO Implementation (Part 27)
252.227-7039 Patents—reporting of subject inventions. As prescribed in 227.303(1), use the following clause: Patents—Reporting of Subject Inventions (APR 1990) The Contractor shall furnish the Contracting Officer the following: (a) Interim reports every twelve (12) months (or such longer period as may be specified by the Contracting Officer) from the date of the contract, listing subject inventions during that period and stating that all subject inventions have been disclosed or that there are no such inventions. (b) A final report, within three (3) months after completion of the contracted work, listing all subject inventions or stating that there were no such inventions. (c) Upon request, the filing date, serial number and title, a copy of the patent application and patent number, and issue data for any subject invention for which the Contractor has retained title. (d) Upon request, the Contractor shall furnish the Government an irrevocable power to inspect and make copies of the patent application file. (End of clause) [56 FR 36479, July 31, 1991, as amended at 72 FR 69162, Dec. 7, 2007]
RFO
Prescription superseded under the RFO
The prescription shown below is from the codified eCFR. Under the RFO, the prescribing section may have been revised, relocated or reserved. See the deviation memorandum for the current prescription authority.
View deviation: 2026-O0036 →R-DFARS Prescription Source
This clause is prescribed in the R-DFARS by the following deviation:
-
2026-O0036
— DFARS RFO Implementation (Part 27)
(DFARS Part 227)
Add clause 252.227-7039
227.303(1)
(1) Use the clause at 252.227-7039, Patents--Reporting of Subject Inventions, in solicitations and contracts containing the clause at FAR 52.227-11, Patent Rights--Ownership by the Contractor. (2)(i) Use the clause at 252.227-7038, Patent Rights--Ownership by the Contractor (Large Business), instead of the clause at FAR 52.227-11, in solicitations and contracts for experimental, developmental, or research work if-- (A) The contractor is other than a small business concern or nonprofit organization; and (B) No alternative patent rights clause is used in accordance with FAR 27.303(c) or (e).
(ii) Use the clause with its Alternate I if-- (A) The acquisition of patent rights for the benefit of a foreign government is required under a treaty or executive agreement; (B) The agency head determines at the time of award that it would be in the national interest to acquire the right to sublicense foreign governments or international organizations pursuant to any existing or future treaty or agreement; or (C) Other rights are necessary to effect a treaty or agreement, in which case Alternate I may be appropriately modified.
(iii) Use the clause with its Alternate II in long-term contracts if necessary to effect treaty or agreements to be entered into.
(ii) Use the clause with its Alternate I if-- (A) The acquisition of patent rights for the benefit of a foreign government is required under a treaty or executive agreement; (B) The agency head determines at the time of award that it would be in the national interest to acquire the right to sublicense foreign governments or international organizations pursuant to any existing or future treaty or agreement; or (C) Other rights are necessary to effect a treaty or agreement, in which case Alternate I may be appropriately modified.
(iii) Use the clause with its Alternate II in long-term contracts if necessary to effect treaty or agreements to be entered into.
Prescription data sourced from eCFR as of 2026-06-10 03:16 UTC.
Cross-references within the prescription are not resolved automatically.
Regulatory Stack
The layers of regulation that govern this clause, from the FAR prescription through agency-specific supplements and any active deviations.
R-DFARS
R-DFARS Prescription
Per Deviation 2026-O0036 (DFARS Part 227)
2026-O0036: DFARS RFO Implementation (Part 27) — DFARS Part 227
DFARS
DFARS Supplement (eCFR)
⚠ May be superseded by RFO
227.303(1)
(1) Use the clause at 252.227-7039, Patents--Reporting of Subject Inventions, in solicitations and contracts containing the clause at FAR 52.227-11, Patent Rights--Ownership by the Contractor. (2)(i) Use the clause at 252.227-7038, Patent Rights--Ownership by the Contractor (Large Business), instead of the clause at FAR 52.227-11, in solicitations and contracts for experimental, developmental, or research work if-- (A) The contractor is other than a small business concern or nonprofit organization; and (B) No alternative patent rights clause is used in accordance with FAR 27.303(c) or (e).
(ii) Use the clause with its Alternate I if-- (A) The acquisition of patent rights for the benefit of a foreign government is required under a treaty or executive agreement; (B) The agency head determines at the time of award that it would be in the national interest to acquire the right to sublicense foreign governments or international organizations pursuant to any existing or future treaty or agreement; or (C) Other rights are necessary to effect a treaty or agreement, in which case Alternate I may be appropriately modified.
(iii) Use the clause with its Alternate II in long-term contracts if necessary to effect treaty or agreements to be entered into.
(ii) Use the clause with its Alternate I if-- (A) The acquisition of patent rights for the benefit of a foreign government is required under a treaty or executive agreement; (B) The agency head determines at the time of award that it would be in the national interest to acquire the right to sublicense foreign governments or international organizations pursuant to any existing or future treaty or agreement; or (C) Other rights are necessary to effect a treaty or agreement, in which case Alternate I may be appropriately modified.
(iii) Use the clause with its Alternate II in long-term contracts if necessary to effect treaty or agreements to be entered into.
Version History
Version history is sourced from the codified eCFR. Changes published only as class deviations or by the Revolutionary FAR Overhaul do not appear here until they are incorporated into the eCFR. For RFO-driven changes see the RFO Version tab and any active deviations cited above.
No version history available from eCFR.
Active Class Deviations
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