HHS Proposes to Address Patent and Data Rights of the Government

January 10, 2013

On January 10, 2013, the Department of Health and Human Services (HHS) issued a proposed rule to amend its Federal Acquisition Regulation supplement, the HHS Acquisition Regulation, to add two clauses, “Patent Rights—Exceptional Circumstances” and “Rights in Data—Exceptional Circumstances,” and their prescriptions. The rule proposes to address the patent and data rights of the government, the prime contractor, the subcontractors at all tiers, and the providers of proprietary materials to the government. Written comments on the proposed rule should be submitted on or before March 11, 2013. ( 78 Fed. Reg. 2229, 1/10/13.)