FAR and DFARS › DFARS Part 227: Patents, Data, and Copyrights › Subpart 227.70
DFARS 227.7001 Policy.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section states that when someone claims that a Department of Defense department or agency infringed privately owned patent or copyright rights, the government must take all necessary steps to investigate and resolve the claim administratively—by settlement, denial, or other disposition—before any lawsuit is filed against the United States. It also clarifies that this subpart does not cover licenses or assignments the Department of Defense acquires under the Patent Rights clauses.
Applies to: Department of Defense departments and agencies handling patent or copyright infringement claims
What it requires
- Take all necessary steps to investigate an asserted infringement claim
- Settle administratively, deny, or otherwise dispose of the claim before suit against the United States
Key terms: claim of infringement · privately owned rights · patented inventions · copyrighted works · Patent Rights clauses
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
Whenever a claim of infringement of privately owned rights in patented inventions or copyrighted works is asserted against any Department or Agency of the Department of Defense, all necessary steps shall be taken to investigate, and to settle administratively, deny, or otherwise dispose of such claim prior to suit against the United States. This subpart 227.70 does not apply to licenses or assignments acquired by the Department of Defense under the Patent Rights clauses.
← 227.7000 Scope. · 227.7002 Statutes pertaining to administrative claims of infringement. →
Rule changes for DFARS Part 227
- Defense Federal Acquisition Regulation Supplement; Technical Amendments ↗ · final rule 2025-08-25 · effective 2025-08-25
- Defense Federal Acquisition Regulation Supplement: Small Business Innovation Research Program Data Rights (DFARS Case 2019-D043) ↗ · final rule 2024-12-18 · effective 2025-01-17
- Defense Federal Acquisition Regulation Supplement: Use of DoD Program Nomenclature (DFARS Case 2021-D002) ↗ · proposed 2024-02-15 · comments due 2024-04-15
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.