Clauses · FAR · Data rights
FAR 52.227-10 Filing of Patent Applications-Classified Subject Matter
Does the regulation require it to flow down?
Yes
(e): 'include the substance of this clause, including this paragraph (e), in all subcontracts' that cover or may cover classified subject matter
- Form
- substance
- Reaches
- all tiers
Checked against acquisition.gov on 2026-08-04 · edition DEC 2007 · base v0.9.3 Read the text ↗
What it makes you produce
2 items for your checklist, slowest first.
Something you write2
Days to weeks, and nobody outside your company has to agree to it.
- 52.227-10(a)
The proposed patent application itself, transmitted to the buyer rather than filed
Owed when the application would disclose subject matter of the contract classified Secret or above — the filing waits up to 30 days for security instructions
- 52.227-10(c)
A written request for approval before filing
Owed when the application or registration would go to a country other than the United States and the subject matter is classified for security reasons
When it is used
Goes into contracts that cover (or may cover) classified subject matter (prescription 27.203-2); no dollar threshold. Flows down via (e) to all subcontracts that cover or may cover classified subject matter.
Read closely
Paragraph (b) is the lighter route for Confidential subject matter — a copy furnished so the Government can decide whether a secrecy order or a delay is needed. The whole clause runs before a filing rather than after one, so the sequence is what costs, not the paper.
The 12 templates that name it, with the line
Source: acquisition.gov, FAR 52.227-10 and 27.203-2 (verified 2026-08-04)
This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.