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48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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32 sections with “infringement”

  • DFARS 227.7004 Requirements for filing an administrative claim for patent infringement.
    (a) A patent infringement claim for compensation, asserted against the United States under any of the applicable statutes cited in 227.7002, must be actually communicated to and received by a Department, agency, organization, office, or fie…
  • FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.
    …-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 o…
  • DFARS 227.7005 Indirect notice of patent infringement claims.
    … to a Department of Defense contractor alleging that the contractor has committed acts of infringement in performance of a Government contract shall not be considered a claim within the meaning of 227.7004 until it meets the requirements sp…
  • DFARS 227.7002 Statutes pertaining to administrative claims of infringement.
    Statutes pertaining to administrative claims of infringement in the Department of Defense include the following: the Foreign Assistance Act of 1961, 22 U.S.C. 2356 (formerly the Mutual Security Acts of 1951 and 1954); the Invention Secrecy …
  • DFARS 227.7003 Claims for copyright infringement.
    The procedures set forth herein will be followed, where applicable, in copyright infringement claims.
  • DFARS 252.227-7001 Release of past infringement.
    …ollowing 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…
  • FAR 27.201 Patent and copyright infringement liability.
  • FAR 28.105-2 Patent infringement bonds.
    (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 deter…
  • FAR 52.227-3 Patent Indemnity.
    …overnment and its officers, agents, and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a…
  • FAR 27.201-1 General.
    (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 …
  • FAR 27.201-2 Contract clauses.
    … (b) Insert the clause at 52.227-2, Notice and Assistance Regarding Patent and Copyright Infringement, in all solicitations and contracts that include the clause at 52.227-1, Authorization and Consent. (c)(1) Insert the clause at 52.227-3…
  • FAR 52.227-1 Authorization and Consent.
    …g Officer directing the manner of performance. The entire liability to the Government for infringement of a United States patent shall be determined solely by the provisions of the indemnity clause, if any, included in this contract or any …
  • DFARS 227.7009-2 Clauses to be used when applicable.
    (a) Release of past infringement. The clause at 252.227-7001, Release of Past Infringement, is an example which may be modified or omitted as appropriate for particular circumstances, but only upon the advice of cognizant patent or legal co…
  • FAR 27.102 General guidance.
    …roducts 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 …
  • FAR 27.200 Scope of subpart.
    …his subpart prescribes policies and procedures with respect to— (a) Patent and copyright infringement liability; (b) Royalties; (c) Security requirements for patent applications containing classified subject matter; and (d) Patented tec…
  • FAR 28.001 Definitions.
    …cts) requiring bonds entered into during a specific Government fiscal year. (4) A patent infringement bond secures fulfillment of the contractor's obligations under a patent provision. (5) A payment bond assures payments as required by la…
  • FAR 28.105 Other types of bonds.
    …ing particular supplies or services. These types include advance payment bonds and patent infringement bonds.
  • FAR 31.205-4 Bonding costs.
    …similar assurance. Included are such bonds as bid, performance, payment, advance payment, infringement, and fidelity bonds. (b) Costs of bonding required pursuant to the terms of the contract are allowable. (c) Costs of bonding required b…
  • FAR 31.205-47 Costs related to legal and other proceedings.
    …acting officer; or (B) When agreed to in writing by the contracting officer. (6) Patent infringement litigation, unless otherwise provided for in the contract or subcontract. (7) Representation of, or assistance to, individuals, groups, …
  • FAR 49.603-1 Fixed-price contracts—complete termination.
    …ies of the parties arising under the contract and relating to reproduction rights, patent infringements, inventions, or applications for patents, including rights to assignments, invention reports, licenses, covenants of indemnity against p…
  • FAR 49.603-2 Fixed-price contracts—partial termination.
    …ies of the parties arising under the contract and relating to reproduction rights, patent infringements, inventions, or applications for patents, including rights to assignments, invention reports, licenses, covenants of indemnity against p…
  • FAR 49.603-3 Cost-reimbursement contracts—complete termination, if settlement includes cost.
    …ies of the parties arising under the contract and relating to reproduction rights, patent infringements, inventions, or applications for patents, including rights to assignments, invention reports, licenses, covenants of indemnity against p…
  • FAR 49.603-4 Cost-reimbursement contracts—complete termination, with settlement limited to fee.
    …ies of the parties arising under the contract and relating to reproduction rights, patent infringements, inventions, or applications for patents, including rights to assignments, invention reports, licenses, covenants of indemnity against p…
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …d agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contra…
  • FAR 52.216-10 Incentive Fee.
    …nformation requested pursuant to the Notice and Assistance Regarding Patent and Copyright Infringement clause; (iv) The purchase and maintenance of additional insurance not in the target cost and required by the Contracting Officer, or cla…
  • FAR 52.227-4 Patent Indemnity—Construction Contracts.
    … its officers, agents, and employees against liability, including costs and expenses, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a…
  • DFARS 227.7000 Scope.
    …and instructions for use of clauses with respect to processing licenses, assignments, and infringement claims.
  • DFARS 227.7001 Policy.
    Whenever a claim of infringement of privately owned rights in patented inventions or copyrighted works is asserted against any Department or Agency of the Department of Defense, all necessary steps shall be taken to investigate, and to sett…
  • DFARS 227.7008 Settlement of indemnified claims.
    Settlement of claims involving payment for past infringement shall not be made without the consent of, and equitable contribution by, each indemnifying contractor involved, unless such settlement is determined to be in the best interests of…
  • DFARS 227.7011 Procurement of rights in inventions, patents, and copyrights.
    Even though no infringement has occurred or been alleged, it is the policy of the Department of Defense to procure rights under patents, patent applications, and copyrights whenever it is in the Government's interest to do so and the desire…
  • DFARS 252.227-7011 Assignments.
    …t), in and to the inventions thereof, and in and to all claims and demands whatsoever for infringement thereof heretofore accrued, the same to be held and enjoyed by the Government through its duly appointed representatives to the full end …
  • DFARS 252.227-7012 Patent License and Release Contract.
    …se at 252.227-7007 for a license on a running royalty basis.) Article 3. Release of Past Infringement. (Insert the clause at 252.227-7001.) Article 4. Non-Estoppel. (Insert the clause at 252.227-7000.) Article 5. Payment. The Contract…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.