G.  Final Patent Report

The final rule implements the changes published in the proposed rule, without further amendments in response to the comments in this category.

Comment: One respondent states that if clearance by the contracting officer is not received within 60 days of receipt of the final patent report, the contract can be closed (FAR 4.804-5(a)(2)).

Two respondents recommend timelines be established (FAR 4.804-5). One respondent states that patent reports are seldom, if ever, cleared within 60 days and recommends timelines be established for both the contractor and legal community with finite time constraints to respond. The other respondent suggests establishing a time period for responding to the contracting officer's notification.

Response: The final rule provides for 60 days for the clearance of patent reports and allows for flexibility on a case-by-case basis. Any further clarification, if needed, should be provided in agency guidance.

Comment: One respondent suggests revising FAR 4.804-5(a)(2)(i) to read "Final Patent Reports, where no contractor invention is disclosed should be cleared within 60 days of receipt."

Response: The inclusion of the language "where no contractor invention is disclosed" is not necessary because the patent report may be cleared whether an invention is disclosed or not.

Comment: Two respondents concur with the proposed procedures for clearing final patent reports.

Response: Comment noted.