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FAR and DFARS › FAR Part 28: Bonds and Insurance › Subpart 28.1

FAR 28.105-2 Patent infringement bonds.

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 limits when a contracting officer can require a patent infringement bond under a contract that includes patent indemnity. Such a bond can only be required if no performance bond is provided and the contractor's financial responsibility is unknown or doubtful. The contracting officer also sets the bond amount.

Applies to: Contracts that provide for patent indemnity

Key terms: patent infringement bonds · patent indemnity · performance bond · financial responsibility · penal sum

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

The text

(a) Contracts providing for patent indemnity may require these bonds only if—

(1) A performance bond is not furnished; and

(2) The financial responsibility of the contractor is unknown or doubtful.

(b) The contracting officer shall determine the penal sum.

← 28.105-1 Advance payment bonds. · 28.106 Administration. →

Rule changes for FAR Part 28

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

FAR 28.105-2 Patent infringement bonds · SpendQuery