252.227-7039 Patents—reporting of subject inventions.
Prescription and Applicability
DFARS Prescription, 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.
Current Text
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]
Active Class Deviations Affecting This Clause
Class Deviation 2026-O0036, DFARS RFO Implementation (Part 27)
- Status: Active
- Date Issued: 2026-02-01
- Change type: MODIFIED
- Action: Modified by RFO class deviation
Suggested Questions
You can ask your AI assistant:
- Should I include this provision in my solicitation?
- Does this clause apply to commercial acquisitions?
- Does this clause apply to R&D contracts under Part 35?
- Which alternate should I use for a multiple-award contract?
- Are there any active Class Deviations that modify this clause?
- What changed in the most recent amendment?