FAR and DFARS › FAR Part 52: Solicitation Provisions and Contract Clauses › Subpart 52.2
FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright 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 requires a contractor to promptly report to the Contracting Officer any notice or claim of patent or copyright infringement related to the contract. It also requires the contractor to provide evidence and information if the Government faces a claim or suit, and to include this clause in certain subcontracts.
Applies to: Contractors and subcontractors performing under a contract that includes this clause
What it requires
- Report each notice or claim of patent or copyright infringement based on contract performance to the Contracting Officer promptly and in reasonable written detail.
- Furnish to the Government, when requested, all evidence and information in the Contractor's possession pertaining to any claim or suit against the Government for alleged infringement arising out of contract performance or use of supplies, work, or services under the contract.
- Include the substance of this clause, including paragraph (c), in all subcontracts expected to exceed the simplified acquisition threshold as defined in FAR 2.101 on the date of subcontract award.
Key terms: patent or copyright infringement · Contracting Officer · simplified acquisition threshold · subcontracts · indemnify
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
As prescribed in 27.201-2(b), insert the following clause:
Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020)
(a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge.
(b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed under this contract, the Contractor shall furnish to the Government, when requested by the Contracting Officer, all evidence and information in the Contractor's possession pertaining to such claim or suit. Such evidence and information shall be furnished at the expense of the Government except where the Contractor has agreed to indemnify the Government.
(c) The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that are expected to exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation (FAR) 2.101 on the date of subcontract award.
(End of clause)
← 52.227-1 Authorization and Consent. · 52.227-3 Patent Indemnity. →
Rule changes for FAR Part 52
- Federal Acquisition Regulation: Revolutionary FAR Overhaul Parts 8, 12, 13, 15, 38, 44, and 51 ↗ · proposed 2026-09-18 · comments due 2026-10-19
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 16, 17, and 35 ↗ · proposed 2026-09-18 · comments due 2026-10-19
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 9, 27, and 47 ↗ · proposed 2026-09-18 · comments due 2026-10-19
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 14, 28, 36, and 52 ↗ · proposed 2026-09-18 · comments due 2026-10-19
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 3 and 49 ↗ · proposed 2026-06-23 · comments due 2026-07-23
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 5, 24, and 29 ↗ · proposed 2026-06-23 · comments due 2026-07-23
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 6, 7, 10, 18, 26, 37, and 41 ↗ · proposed 2026-06-23 · comments due 2026-07-23
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 1, 2, 4, 33, 39, 40, and 53 ↗ · proposed 2026-06-23 · comments due 2026-07-23
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.