[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Page 43082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17859]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Docket 2012-0076; Sequence 35: OMB Control No. 9000-0095]


Federal Acquisition Regulation; Information Collection; Commerce 
Patent Regulations

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for comments regarding the extension of a 
previously existing OMB clearance.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, 
Regulatory Secretariat will be submitting to the Office of Management 
and Budget (OMB) a request to review and approve an extension of a 
previously approved information collection requirement concerning 
Department of Commerce patent regulations.
    Public comments are particularly invited on: Whether this 
collection of information is necessary; whether it will have practical 
utility; whether our estimate of the public burden of this collection 
of information is accurate, and based on valid assumptions and 
methodology; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways in which we can minimize the 
burden of the collection of information on those who are to respond, 
through the use of appropriate technological collection techniques or 
other forms of information technology.

DATES: Submit comments on or before September 21, 2012.

ADDRESSES: Submit comments identified by Information Collection 9000-
0095, Commerce Patent Regulations, by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching the OMB 
control number. Select the link ``Submit a Comment'' that corresponds 
with ``Information Collection 9000-0095, Commerce Patent Regulations''. 
Follow the instructions provided at the ``Submit a Comment'' screen. 
Please include your name, company name (if any), and ``Information 
Collection 9000-0095, Commerce Patent Regulations'' on your attached 
document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. Attn: 
Hada Flowers/IC 9000-0095, Commerce Patent Regulations.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0095, Commerce Patent Regulations, in all 
correspondence related to this collection. All comments received will 
be posted without change to http://www.regulations.gov, including any 
personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb, Procurement Analyst, 
Office of Governmentwide Acquisition Policy, GSA, (202) 501-0650 or 
email [email protected].

SUPPLEMENTARY INFORMATION:

A. Purpose

    FAR Subpart 27.3, Patents Rights under Government Contracts, 
implements the Department of Commerce regulation (37 CFR 401) based on 
chapter 18 of title 35 U.S.C., Presidential Memorandum on Government 
Patent Policy to the Heads of Executive Departments and Agencies dated 
February 18, 1983, and Executive Order 12591, Facilitating Access to 
Science and Technology dated April 10, 1987. Under the subpart, a 
contracting officer may insert clauses 52.227-11, Patent Rights-
Ownership by the Contractor, or 52.227-13, Patent Rights-Ownership by 
the Government, in solicitations and contracts pertaining to inventions 
made in the performance of experimental, developmental, or research 
work.
    In accordance with the clauses, a Government contractor must report 
all subject inventions to the contracting officer, submit a disclosure 
of the invention, and identify any publication, or sale, or public use 
of the invention (52.227-11(c), 52.227-13(e)(1)).
    The contracting officer may modify 52.227-11(e) or otherwise 
supplement the clause to require contractors to submit periodic or 
interim and final reports listing subject inventions (27.303(b)(2)(i) 
and (ii)). In order to ensure that subject inventions are reported, the 
contractor is required to establish and maintain effective procedures 
for identifying and disclosing subject inventions (52.227-11, Alternate 
IV; 52.227-13(e)(1)). In addition, the contractor must require his 
employees, by written agreements, to disclose subject inventions 
(52.227-11(e)(2); 52.227-13(e)(4)). The contractor also has an 
obligation to utilize the subject invention, and agree to report, upon 
request, the utilization or efforts to utilize the subject invention 
(27.302(e); 52.227-11(f)).

B. Annual Reporting Burden

    Respondents: 1,200.
    Responses per Respondent: 9.75.
    Total Responses: 11,700.
    Hours per Response: 3.9.
    Total Burden Hours: 45,630.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration (GSA), Regulatory Secretariat (MVCB), 1275 First Street 
NE., Washington, DC 20417, telephone (202) 501-4755. Please cite OMB 
Control No. 9000-0095, Commerce Patent Regulations, in all 
correspondence.

    Dated: July 10, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2012-17859 Filed 7-20-12; 8:45 am]
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