---
kind: "section"
citation: "2 C.F.R. § 1138.520"
title: "2"
number: "1138.520"
heading: "Intangible property under subawards."
url: "https://uscodex.org/cfr/2/1138.520"
---

# §1138.520. Intangible property under subawards.

- (a) **Requirement.** A DoD Component's general terms and conditions must address the provisions concerning intangible property that recipients must include in subawards.
- (b) **Award terms and conditions—**
  - (1) **General.** To specify the intangible property provisions that recipients must include in their subawards, a DoD Component's general terms and conditions must use the wording appendix E to this part provides as Section G of SUB Article V.
  - (2) **Exception.** A DoD Component's general terms and conditions may delete the reference to “Section B of PROP Article VI” in the wording appendix E to this part provides for paragraph G.2 of SUB Article V and provide alternative wording if:
    - (i) Those general terms and conditions will be used in awards for purposes other than research or education, as described in [2 CFR 1130.610(c)(3)](/cfr/2/1130.610.md?p=c-3); and
    - (ii) **The DoD Component wants to specify that nonprofit and governmental recipients include either—**
      - (A) No provisions concerning inventions in subawards to for-profit entities; or
      - (B) Provisions in subawards to for-profit entities that differ from those the DoD Component's general terms and conditions specify for nonprofit and governmental recipients.

## Notes

### Authority

Authority: 5 U.S.C. 301 and 10 U.S.C. 113.

### Source

Source: 85 FR 51171, Aug. 19, 2020, unless otherwise noted.