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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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27 sections with “patent 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…
  • DFARS 227.7005 Indirect notice of patent infringement claims.
    (a) A communication by a patent owner 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 227.70…
  • 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 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.
    … 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, e…
  • FAR 52.227-3 Patent Indemnity.
    As prescribed in 27.201-2(c)(1), insert the following clause: Patent Indemnity (APR 1984) (a) The Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs, for infringement of an…
  • DFARS 252.227-7001 Release of past infringement.
    As prescribed at 227.7009-2(a), insert the following 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 Contract…
  • 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.
    …by a regulatory body. (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 t…
  • FAR 52.227-4 Patent Indemnity—Construction Contracts.
    As prescribed in 27.201-2(d)(1), insert the following clause: Patent Indemnity—Construction Contracts (DEC 2007) Except as otherwise provided, the Contractor shall indemnify the Government and its officers, agents, and employees against l…
  • FAR 27.201 Patent and copyright infringement liability.
  • FAR 49.603-1 Fixed-price contracts—complete termination.
    …iabilities 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 ag…
  • FAR 49.603-2 Fixed-price contracts—partial termination.
    …iabilities 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 ag…
  • FAR 49.603-3 Cost-reimbursement contracts—complete termination, if settlement includes cost.
    …iabilities 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 ag…
  • FAR 49.603-4 Cost-reimbursement contracts—complete termination, with settlement limited to fee.
    …iabilities 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 ag…
  • DFARS 227.7011 Procurement of rights in inventions, patents, and copyrights.
    …ed 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 desired rights can be obtained at a fair pri…
  • DFARS 252.227-7011 Assignments.
    … Secretary of ____________, the entire right, title, and interest in and to the following patents (and applications for patent), in and to the inventions thereof, and in and to all claims and demands whatsoever for infringement thereof here…
  • DFARS 252.227-7012 Patent License and Release Contract.
    As prescribed at 227.7012, insert the following clause in patent releases, license agreements, and assignments: (Contract No.) Patent License and Release Contract (DEC 2022) This CONTRACT is effective as of the ____ day of [month, year],…
  • FAR 28.001 Definitions.
    … contracts) 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 require…
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual …
  • FAR 52.227-1 Authorization and Consent.
    …any subcontract at any tier, of any invention described in and covered by a United States patent— (1) Embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract; or (2) …
  • FAR 27.102 General guidance.
    … 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 c…
  • FAR 27.200 Scope of subpart.
    This 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 te…
  • FAR 28.105 Other types of bonds.
    … acquiring particular supplies or services. These types include advance payment bonds and patent infringement bonds.
  • FAR 31.205-47 Costs related to legal and other proceedings.
    …e contracting 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, g…
  • FAR 52.216-10 Incentive Fee.
    … satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years' settlements. The Contracting Officer may release up to …
  • 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 227.7009-2 Clauses to be used when applicable.
    …mitted as appropriate for particular circumstances, but only upon the advice of cognizant patent or legal counsel. (See footnotes at end of clause.) (b) Readjustment of payments. The clause at 252.227-7002, Readjustment of Payments, shall …

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.