Acquisition Regulation Clause Patent rights and Rights in Data

ICR 201701-0990-005

OMB: 0990-0419

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2017-04-10
Supplementary Document
2017-03-09
Supporting Statement A
2017-04-10
IC Document Collections
IC ID
Document
Title
Status
210736
Unchanged
210735
Unchanged
210734
Unchanged
210733
Unchanged
210732
Unchanged
210731
Unchanged
210730
Unchanged
210729
Unchanged
210728
Unchanged
ICR Details
0990-0419 201701-0990-005
Historical Active 201403-0990-003
HHS/HHSDM 20762
Acquisition Regulation Clause Patent rights and Rights in Data
Extension without change of a currently approved collection   No
Regular
Approved without change 05/22/2017
Retrieve Notice of Action (NOA) 04/12/2017
  Inventory as of this Action Requested Previously Approved
05/31/2020 36 Months From Approved 06/30/2017
1,197 0 1,197
10,899 0 10,899
0 0 0
HHS found that systematically, over a period of several years, when Determinations of Exceptional Circumstances (DECs) were executed, additional legal protection for the patent and data rights of third parties beyond those covered by FAR were necessary. A decision was made to add two clauses--352.227-11 Patent Rights--Exceptional Circumstances and 352.227-14 Rights in Data--Exceptional Circumstances--to the HHS supplement to the FAR, the HHS Acquisition Regulation (HHSAR), to provide the additional legal protection required. These clauses would ensure that providers of proprietary material(s) to the government will retain all their preexisting rights to their material(s), and rights to any inventions made under a contract or subcontract (at all tiers), when a DEC has been executed. Rights in data regulations concern the rights of the Government, and organizations with which the Government contracts, to information developed under such contracts. The delineation of such rights is necessary in order to protect the contractor's rights to not disclose proprietary data and to insure that non-proprietary data developed with public funds is available to the public.
PL: Pub.L. 96 - 517 401 Name of Law: Patent and Trademark Act
   US Code: 35 USC 200-212 Name of Law: Bayh-Dole Act
   EO: EO 12591 Name/Subject of EO: Facilitating Access to Science and Technology
  
None
Not associated with rulemaking
  82 FR 8523 01/26/2017
82 FR 17266 04/10/2017
No
  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 1,197 1,197 0 0 0 0
Annual Time Burden (Hours) 10,899 10,899 0 0 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
$89,217
No
No
No
No
No
Uncollected
Sherette Funn-Coleman
  No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
04/12/2017
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