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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.

  1. Something you write2

    Days to weeks, and nobody outside your company has to agree to it.

    • 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(a)
    • 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

      52.227-10(c)

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
143CORPDOC 3A — FAR/DFARS Flowdown Provisions for Fixed Price Non-Commercial Items under a DoD Prime ContractLockheed Martinline 218155CORPDOC 4A — FAR/DFARS Flowdown Provisions for Cost-Reimbursement/T&M Subcontracts under a DoD Prime ContractLockheed Martinline 235233RTX Flowdown of U.S. Government Contract Clauses Under U.S. Government ContractsRTXline 925105Raytheon TC-002 — Supplement 1: Government Contract Provisions from the FARRTXline 92166Northrop Grumman CTM-P-ST-001 — U.S. Government Firm Fixed Price Order (Not for Commercial Products and Services)Northrop Grummanline 2320166Northrop Grumman CTM-P-ST-003 — U.S. Government T&M Order (Not for Commercial Products and Services)Northrop Grummanline 2261168Northrop Grumman CTM-P-ST-004 — U.S. Government Cost Reimbursement Order (Not for Commercial Products and Services)Northrop Grummanline 2352255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 1058243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 1980240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 2030273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 590178AAR Component Services NY — U.S. Government Contract FAR and DFARS Clauses Incorporated by ReferenceAAR Corpline 1109

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.