FAR and DFARS › DFARS Part 227: Patents, Data, and Copyrights › Subpart 227.70
DFARS 227.7009-2 Clauses to be used when applicable.
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 tells contracting officers which patent-related clauses to use in certain contracts. It says the Release of Past Infringement clause is an example that can be changed or left out only with advice from patent or legal counsel, the Readjustment of Payments clause must be included in contracts with a running royalty, and the Termination clause is an example for running-royalty contracts that can also be changed or left out only with counsel's advice. It matters because it affects which clauses appear in a contractor's contract.
Applies to: Contracts involving patent clauses, including those providing for payment of a running royalty
What it requires
- Insert the clause at 252.227-7002, Readjustment of Payments, in contracts providing for payment of a running royalty
- Modify or omit the Release of Past Infringement clause only upon the advice of cognizant patent or legal counsel
- Modify or omit the Termination clause only upon the advice of cognizant patent or legal counsel
Key terms: Release of Past Infringement · Readjustment of Payments · Termination · running royalty · cognizant patent or legal counsel
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) Release of past infringement. The clause at 252.227-7001, Release of Past Infringement, is an example which may be modified or omitted as appropriate for particular circumstances, but only upon the advice of cognizant patent or legal counsel. (See footnotes at end of clause.)
(b) Readjustment of payments. The clause at 252.227-7002, Readjustment of Payments, shall be inserted in contracts providing for payment of a running royalty.
(c) Termination. The clause at 252.227-7003, Termination, is an example for use in contracts providing for the payment of a running royalty. This clause may be modified or omitted as appropriate for particular circumstances, but only upon the advice of cognizant patent or legal counsel (see 227.7004(c)).
Sections it refers to
- 252.227-7001 Release of past infringement.
- 252.227-7002 Readjustment of payments.
- 252.227-7003 Termination.
- 227.7004 Requirements for filing an administrative claim for patent infringement.
Sections that refer to it
- 252.227-7001 Release of past infringement.
- 252.227-7002 Readjustment of payments.
- 252.227-7003 Termination.
← 227.7009-1 Required clauses. · 227.7009-3 Additional clauses—contracts except running royalty contracts. →
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.