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FAR and DFARS › FAR Part 27: Patents, Data, and Copyrights › Subpart 27.1

FAR 27.102 General guidance.

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 gives general guidance on how the Government handles intellectual property under contracts. It encourages commercial use of inventions made under Government contracts, generally will not refuse award over possible patent infringement, and limits its demands for privately developed data. It also says contractors providing commercial products and services generally should indemnify the Government against U.S. patent infringement liability, and that contractors generally must get permission from copyright owners before including others' copyrighted works in data delivered to the Government.

Applies to: Government contractors and prospective contractors, especially those providing commercial products and commercial services

What it requires

  • Generally obtain permission from copyright owners before including copyrighted works owned by others in data delivered to the Government

Key terms: inventions made under Government contracts · infringe a patent · commercial products · commercial services · indemnify

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

The text

(a) The Government encourages the maximum practical commercial use of inventions made under Government contracts.

(b) Generally, the Government will not refuse to award a contract on the grounds that the prospective contractor may infringe a patent. The Government may authorize and consent to the use of inventions in the performance of certain contracts, even though the inventions may be covered by U.S. patents.

(c) Generally, contractors providing commercial products and commercial services should indemnify the Government against liability for the infringement of U.S. patents.

(d) The Government recognizes rights in data developed at private expense, and limits its demands for delivery of that data. When such data is delivered, the Government will acquire only those rights essential to its needs.

(e) Generally, the Government requires that contractors obtain permission from copyright owners before including copyrighted works, owned by others, in data to be delivered to the Government.

← 27.101 Applicability. · 27.200 Scope of subpart. →

Rule changes for FAR Part 27

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

FAR 27.102 General guidance · SpendQuery