DA Form 2873-R: License of Invention (LRA) Guide & PDF – DA Form 2873-R, officially titled License of Invention (LRA), is a key U.S. Army form used in the intellectual property process for inventions developed by government employees, particularly Army personnel. It allows inventors to grant the U.S. Government (represented by the Secretary of the Army) specific rights while retaining certain ownership interests.
This article explains the form’s purpose, usage, completion process, and importance within Army technology transfer and patent procedures, based on official Army regulations and current sources.
What Is DA Form 2873-R?
DA Form 2873-R is a standardized legal instrument issued in April 1993 (replacing an earlier March 1974 version). It is governed by AR 27-60, Intellectual Property, with the Office of The Judge Advocate General (OTJAG) as the proponent agency.
The form facilitates the granting of a nonexclusive, irrevocable, royalty-free license to the U.S. Government for the invention. This includes rights to make, use, sell, or have made the invention for governmental purposes worldwide, plus powers related to patent prosecution.
It is distinct from assignment forms (like DA Form 2874-R) and is commonly used when the Army files and prosecutes a patent application at no cost to the inventor in exchange for these license rights.
Purpose of the License of Invention Form
The primary purpose is to document the transfer of limited rights in an invention from the inventor (typically an Army employee) to the Government. This supports:
- Army filing of domestic patent applications on employee inventions.
- Protection and potential commercialization of innovations arising from Army research, development, or related activities.
- Compliance with Executive Order 10096 and related policies on rights in employee inventions.
When the Army decides to pursue a patent on a non-official-duty invention, it typically requires execution of this form for a royalty-free license in return for covering patent costs. The form includes provisions for patent prosecution powers and, optionally, foreign rights assignment (which the inventor may delete).
It aligns with broader Army goals under the Federal Technology Transfer Act to promote utilization and commercialization of federally supported inventions.
Who Should Use DA Form 2873-R?
- U.S. Army personnel (military and civilian employees) who have made inventions.
- Inventors submitting disclosures where the Army will handle patent prosecution.
- Supporting patent counsel and technology transfer offices.
It is part of a suite of forms including:
- DA Form 2871-R (Invention Rights Questionnaire).
- DA Form 4734-R (Invention Disclosure).
Note: This form is specifically for granting rights to the Government, not for third parties licensing Army-owned inventions (which uses separate patent license agreements).
Key Provisions in DA Form 2873-R
The form includes several “WHEREAS” clauses and operative paragraphs:
- Paragraph ONE: Grants a nonexclusive, irrevocable, royalty-free license worldwide for governmental purposes, including sublicensing.
- Paragraph TWO: Grants the Government exclusive power to prosecute the U.S. patent application and handle related matters.
- Paragraph THREE: Requires the inventor to assist with patent prosecution and provide necessary documents.
- Paragraph FOUR (optional): Allows assignment of rights in foreign countries; this can be deleted and initialed by the inventor.
The form requires detailed invention identification (title, inventor names, application serial number if applicable) and must be properly signed and notarized.
How to Fill Out and Submit DA Form 2873-R?
- Identify the Invention: Provide the title, inventor(s) name(s), and any patent application details.
- Review Clauses: Decide whether to retain Paragraph FOUR (foreign rights).
- Execute Signatures: The inventor signs in the presence of a notary. Use black ink.
- Notarization: Complete the jurat section with notary details.
- Routing: Submit through supporting patent counsel or as directed by local procedures, in conjunction with invention disclosure and rights determination forms.
Download the Official Form: Access the current fillable PDF directly from the U.S. Army Publishing Directorate here: https://armypubs.army.mil/pub/eforms/DR_a/pdf/A2873_R.pdf.
Local reproduction is authorized, and electronic versions (e.g., DA Form 2873-R-E) must match the official format.
Relation to Army Invention Rights Determination
Before using DA Form 2873-R, complete DA Form 2871-R to determine rights. The Government may claim full ownership or only a license depending on factors like use of official time, facilities, or duties.
Patent counsel plays a key role in advising inventors and ensuring compliance.
Importance in Army Technology Transfer
This form supports the Army’s innovation ecosystem by enabling patent protection and potential licensing to industry. It balances inventor recognition with Government interests in national defense and public benefit. Army labs and activities use such mechanisms to transition technologies via Cooperative Research and Development Agreements (CRADAs) and patent licenses.
Proper use helps protect intellectual property while facilitating commercialization that benefits the military and civilian sectors.
Common Questions About DA Form 2873-R
- Is it the same as DD Form 2873? No — DD Form 2873 is a Military Protective Order, unrelated to inventions.
- Can civilians use it? Yes, Army civilian employees who invent in relevant contexts use it.
- What if I want to keep more rights? Consult patent counsel; options depend on the rights determination.
For personalized guidance, contact your supporting Judge Advocate or technology transfer office.
Stay compliant and protect your innovations — always refer to the latest AR 27-60 and official Army resources for the most current procedures.
This article is for informational purposes and does not constitute legal advice. Consult qualified Army legal personnel for specific situations.