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FAR and DFARS › DFARS Part 252: Solicitation Provisions and Contract Clauses › Subpart 252.2

DFARS 252.227-7001 Release of past infringement.

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 clause is a release by the Contractor of past infringement claims against the Government for manufacturing or using certain inventions before the contract's effective date. It covers patents and applications identified in the contract, plus other patents the Contractor owns or later acquires, but only to the extent those other patents cover the described subject matter. It matters because it limits the Contractor's ability to later sue the Government for prior unauthorized manufacture or use.

Applies to: Contractors signing patent releases, license agreements, or assignments under DFARS 227.7009-2(a)

What it requires

  • Release all claims and demands against the Government for prior manufacture or use of covered inventions
  • Include the release in patent releases, license agreements, and assignments as prescribed

Key terms: release · past infringement · effective date · inventions · patents and applications for patent

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

The text

As prescribed at 227.7009-2(a), insert the following clause in patent releases, license agreements, and assignments:

Release of Past Infringement (SEP 2019)

The Contractor hereby releases each and every claim and demand which the Contractor now has or may hereafter have against the Government for the manufacture or use by or for the Government prior to the effective date of this contract, of any inventions covered by (i) any of the patents and applications for patent identified in this contract, and (ii) any other patent or application for patent owned or hereafter acquired by the Contractor, insofar as and only to the extent that such other patent or patent application covers the manufacture, use, or disposition of [description of subject matter].*

*Bracketed portions of the clause may be omitted when not appropriate or not encompassed by the release as negotiated.

(End of clause)

Sections it refers to

Sections that refer to it

← 252.227-7000 Non-estoppel. · 252.227-7002 Readjustment of payments. →

Rule changes for DFARS Part 252

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

DFARS 252.227-7001 Release of past infringement · SpendQuery