If industry determines (for whatever reason) that it isn feasible to patent the technology but later realizes there is what happens?
The contractor has the first option to elect to retain title to a subject invention and pursue patent protection. Time periods for election of title and filing of a patent application are specified in the contract. If the contractor explicitly declines to retain title or fails to notify the Government of its decision within the prescribed time, the option becomes the Government’s. For more information see, FAR 52.227-11 “Patent Rights – Retention by the Contractor (Short Form),” as Modified by NASA FAR Supplement 18-52.227-11.
