FAR 52.227-11: Patent Rights for Contractors

FAR 52.227-11 (Patent Rights — Ownership by the Contractor)

FAR 52.227-11, “Patent Rights—Ownership by the Contractor,” is the patent-rights clause the Federal Acquisition Regulation requires contracting officers to insert into federal procurement <a href='/dictionary/term/federal-contract'>contracts</a> awarded to small business firms and nonprofit organizations (including universities) for experimental, developmental, or research work. It is prescribed by FAR 27.303(b)(1) and is the FAR's own codification of the Bayh-Dole Act's contractor-ownership default — the contract-instrument counterpart to the 37 CFR 401.14 Standard Patent Rights Clause used in grants and cooperative agreements. A federally funded project is governed by 52.227-11, rather than 37 CFR 401.14, specifically because of which funding instrument was used (a procurement contract) rather than because the underlying substantive rights differ.

ByCASRAI Editorial Board

· Last updated 15 Aug 2026

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Worked examples

Is an instance

A university receives a federal agency procurement contract (not a grant) for applied research work; because the university is a nonprofit organization, the contracting officer inserts FAR 52.227-11, and the university's inventions made under that contract follow 52.227-11's disclosure/election timeline rather than 37 CFR 401.14's.

Is an instance

An SBIR Phase III award structured as a federal contract with a small business awardee incorporates 52.227-11, giving the small business the same contractor-ownership default Bayh-Dole provides for grants.

Looks similar, but isn't

Not an instance

A university receiving an NIH or NSF research grant is governed by the Bayh-Dole standard patent rights clause at 37 CFR 401.14, not by FAR 52.227-11, because a grant is not a procurement contract and FAR Part 27 does not apply to it.

Not an instance

A large, for-profit (other-than-small-business) contractor performing the same kind of research work under a federal contract is not covered by 52.227-11; the contracting officer instead prescribes FAR 52.227-13, under which the government retains title to inventions rather than the contractor.

Frequently Asked Questions

What is the difference between FAR 52.227-11 and FAR 52.227-13?

FAR 52.227-11 applies to small business firms and nonprofit organizations, including universities, and lets the contractor keep title to inventions made under the contract. FAR 52.227-13 applies to other-than-small-business, for-profit contractors performing the same kind of research work; under that clause the government retains title to inventions instead of the contractor.

Does FAR 52.227-11 apply to federal grants, or only to contracts?

Only to contracts. FAR 52.227-11 is inserted into federal procurement contracts, since FAR Part 27 governs contracts rather than grants. A university or other organization receiving a federal research grant instead follows the Bayh-Dole standard patent rights clause at 37 CFR 401.14 — the substantive rights are the same default, but the applicable clause depends on which funding instrument was used.

Who does FAR 52.227-11 apply to?

Contracting officers are required to insert FAR 52.227-11 into federal procurement contracts awarded to small business firms and nonprofit organizations, including universities, for experimental, developmental, or research work.

Can a university keep title to an invention made under a federal research contract?

Yes, if the award is a procurement contract rather than a grant. When a university receives a federal agency contract for applied research work, the contracting officer inserts FAR 52.227-11, and the university’s inventions follow that clause’s disclosure and election process, allowing the university to retain title.

Use in your systems

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Schema.org DefinedTerm (JSON-LD)

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