FAR and DFARS › DFARS Part 227: Patents, Data, and Copyrights › Subpart 227.72
DFARS 227.7202-3 Rights in commercial computer software or commercial computer software documentation.
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 DFARS section limits the Government's rights in commercial computer software and its documentation to whatever the applicable license grants. If the Government wants more rights than the standard public license provides, it must negotiate with the contractor and spell out any extra rights in the contract license or an addendum.
Applies to: Commercial computer software and commercial computer software documentation acquired by DoD
What it requires
- Negotiate with the contractor if the Government needs rights beyond those in the customary public license
- Enumerate any specific rights granted to the Government in the contract license agreement or an addendum
Key terms: commercial computer software · commercial computer software documentation · license · addendum · contract license agreement
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) The Government shall have only the rights specified in the license under which the commercial computer software or commercial computer software documentation was obtained.
(b) If the Government has a need for rights not conveyed under the license customarily provided to the public, the Government must negotiate with the contractor to determine if there are acceptable terms for transferring such rights. The specific rights granted to the Government shall be enumerated in the contract license agreement or an addendum thereto.
Sections that refer to it
- 227.7104-2 Rights in SBIR or STTR data.
- 227.7202-4 Contract clause.
← 227.7202-2 [Reserved] · 227.7202-4 Contract clause. →
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.