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FAR and DFARS › DFARS Part 227: Patents, Data, and Copyrights › Subpart 227.70

DFARS 227.7005 Indirect notice of patent infringement claims.

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 explains how the Department of Defense handles communications from patent owners alleging that a contractor infringed a patent while performing a Government contract. Such a communication is not treated as a formal claim until it meets the requirements in 227.7004. It also requires Departments to acknowledge qualifying allegations and share them with other interested Departments.

Applies to: Department of Defense contracting activities and contractors receiving patent infringement allegations

What it requires

  • A Department receiving a qualifying patent infringement allegation must acknowledge it and supply other interested Departments with a copy of the communication and the acknowledgement.
  • If a communication does not meet the requirements of 227.7004(a), the patent owner must be advised in writing as covered by 227.7004(d).

Key terms: patent infringement · claim · Department of Defense contractor · Government contract · acknowledge

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) A communication by a patent owner to a Department of Defense contractor alleging that the contractor has committed acts of infringement in performance of a Government contract shall not be considered a claim within the meaning of 227.7004 until it meets the requirements specified therein.

(b) Any Department receiving an allegation of patent infringement which meets the requirements of 227.7004 shall acknowledge the same and supply the other Departments (see 227.7004(c)) which may have an interest therein with a copy of such communication and the acknowledgement thereof.

(c) If a communication covering an infringement claim or notice which does not meet the requirements of 227.7004(a) is received from a contractor, the patent owner shall be advised in writing as covered by the instructions of 227.7004(d).

Sections it refers to

  • 227.7004 Requirements for filing an administrative claim for patent infringement.

← 227.7004 Requirements for filing an administrative claim for patent infringement. · 227.7006 Investigation and administrative disposition of claims. →

Rule changes for DFARS Part 227

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 227.7005 Indirect notice of patent infringement claims · SpendQuery