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Invention Reporting for Contracts

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Standard Operating Procedure Table of Contents

Purpose

To ensure full disclosure of inventions made during the course of a contract.

Procedure

When a contract includes the patent rights clause from Federal Acquisition Regulation (FAR) 52.227-11, Patent Rights—Ownership by the Contractor, or 52.227-13, Patent Rights—Ownership by the Government, follow the procedure below.

Contractor

  • Disclose all inventions to the NIAID contracting officer within two months after the inventor provides written disclosure to your authorized organizational official. Your disclosure must be in writing. Identify the contract number and name of the inventor or inventors, and provide a complete technical description and other information as required by the patent rights clause in the contract.
  • Submit an annual utilization report when you've elected title to an invention or when you begin to receive royalties or licensing fees from inventions that are not patented. NIH encourages use of online iEdison to comply with the reporting requirements.
  • Send a negative report to the contracting officer if your contract has resulted in no new inventions or no activity has occurred on a previously disclosed invention during the applicable reporting period specified in the contract.
  • Within 90 days after the contract's expiration date, submit an HHS 568 Final Invention Statement and Certification to the NIAID contracting officer named in the contract.

Contracting Officer

  • Confirm that when an invention is disclosed, the contractor complies with iEdison or other applicable reporting requirements.
  • When the contractor sends you an annual utilization report or the HHS 568 Final Invention Statement and Certification, forward a courtesy copy to the contracting officer's representative (COR) for verification and include a copy in the official contract file.

Contracting Officer's Representative (COR)

  • Check annual utilization reports and HHS 568 Final Invention Statement and Certification for accuracy.

Contacts

See the OA staff listing for the appropriate contract specialist.

If you have knowledge to share or want more information on this topic, email deaweb@niaid.nih.gov with the title of this page or its URL and your question or comment. Thanks for helping us clarify and expand our knowledge base.

Links

Standard Patent Rights Clauses, 37 CFR 401.14(c)(1)

Procedure for Submission of Final Invention Statement and Certification (For Grant or Award) Form HHS 568

Last Updated March 24, 2012

Last Reviewed March 24, 2012