FAR and DFARS › FAR Part 27: Patents, Data, and Copyrights › Subpart 27.2

FAR 27.201-1 General.

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 explains that under 28 U.S.C. 1498, the only remedy for patent or copyright infringement by or on behalf of the Government is a lawsuit for money damages against the Government in the Court of Federal Claims. It also describes how the Government uses specific contract clauses to authorize and consent to a contractor's use of patented inventions, to require notice and assistance on infringement claims, and to require reimbursement for patent infringement liability in certain commercial contracts.

Applies to: Government contractors and the Government regarding patent or copyright infringement

Key terms: exclusive remedy · monetary damages · Court of Federal Claims · injunctive relief · Authorization and Consent

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

The text

(a) Pursuant to 28 U.S.C. 1498, the exclusive remedy for patent or copyright infringement by or on behalf of the Government is a suit for monetary damages against the Government in the Court of Federal Claims. There is no injunctive relief available, and there is no direct cause of action against a contractor that is infringing a patent or copyright with the authorization or consent of the Government (e.g., while performing a contract).

(b) The Government may expressly authorize and consent to a contractor's use or manufacture of inventions covered by U.S. patents by inserting the clause at 52.227-1, Authorization and Consent.

(c) Because of the exclusive remedies granted in 28 U.S.C. 1498, the Government requires notice and assistance from its contractors regarding any claims for patent or copyright infringement by inserting the clause at 52.227-2, Notice and Assistance, Regarding Patent and Copyright Infringement.

(d) The Government may require a contractor to reimburse it for liability for patent infringement arising out of a contract for commercial products or commercial services by inserting the clause at 52.227-3, Patent Indemnity.

Sections it refers to

  • 52.227-1 Authorization and Consent.
  • 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.
  • 52.227-3 Patent Indemnity.

← 27.201 Patent and copyright infringement liability. · 27.201-2 Contract clauses. →

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 27.201-1 General · SpendQuery