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

DFARS 227.7006 Investigation and administrative disposition of 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 outlines how the Department of Defense handles investigations and administrative decisions for patent infringement claims. It specifies which department is responsible when one or multiple departments are involved, based on procurement responsibility and funding. Contractors should understand that claim resolution may involve coordination among departments and that settlement agreements require approval and execution by all affected departments.

Applies to: DoD departments involved in patent infringement claims

What it requires

  • Conduct investigation and administrative determination of claims according to departmental procedures.
  • Obtain approval from other departments if their funds are charged.
  • Coordinate with other departments during negotiation when multiple departments are involved.
  • Ensure settlement agreements are executed by each concerned department.

Key terms: investigation · administrative determination · claim · settlement · predominant financial interest

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

The text

An investigation and administrative determination (denial or settlement) of each claim shall be made in accordance with instructions and procedures established by each Department, subject to the following:

(a) When the procurement responsibility for the alleged infringing item or process is assigned to a single Department or only one Department is the purchaser of the alleged infringing item or process, and the funds of that Department only are to be charged in the settlement of the claim, that Department shall have the sole responsibility for the investigation and administrative determination of the claim and for the execution of any agreement in settlement of the claim. Where, however, funds of another Department are to be charged, in whole or in part, the approval of such Department shall be obtained as required by 208.7002. Any agreement in settlement of the claim, approved pursuant to 208.7002 shall be executed by each of the Departments concerned.

(b) When two or more Departments are the respective purchasers of alleged infringing items or processes and the funds of those Departments are to be charged in the settlement of the claim, the investigation and administrative determination shall be the responsibility of the Department having the predominant financial interest in the claim or of the Department or Departments as jointly agreed upon by the Departments concerned. The Department responsible for negotiation shall, throughout the negotiation, coordinate with the other Departments concerned and keep them advised of the status of the negotiation. Any agreement in the settlement of the claim shall be executed by each Department concerned.

Sections it refers to

← 227.7005 Indirect notice of patent infringement claims. · 227.7007 Notification and disclosure to claimants. →

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 227.7006 Investigation and administrative disposition of claims · SpendQuery