Sec. 215. 36 Intangible Property (Title 2 CFR)

This section of Title 2 CFR focuses on real property, equipment, intangible property, and debt instruments that are acquired or improved with federal funds. Grantee and delegate programs will benefit from reviewing this circular.

Sec. 215. 36 Intangible property.

(a) The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserve a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so.

(b) Recipients are subject to applicable regulations governing patents and inventions, including government-wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements."

(c) Unless waived by the the Federal agency, the Federal Government has the right to:

  1. Obtain, reproduce, publish or otherwise use the data first produced under an award; and
  2. Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.

(d) Title to intangible property and debt instruments acquired under an award or subaward vests upon acquisition in the recipient. The recipient shall use that property for the originally-authorized purpose, and the recipient shall not encumber the property without approval of the Federal awarding agency. When no longer needed for the originally authorized purpose, disposition of the intangible property shall occur in accordance with the provisions of Sec. 215.34(g).

Sec.215. 36 Intangible Property (Title 2 CFR). EOP/OMB. 2005. English.

Last Reviewed: November 2008

Last Updated: August 5, 2015