Regulations last checked for updates: May 06, 2024

Title 48 - Federal Acquisition Regulations System last revised: May 02, 2024
27.201-1 - 27.201-1 General.

(a) Pursuant to 28 U.S.C. 1498,the. 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.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.

[72 FR 63049, Nov. 7, 2007, as amended at 86 FR 61028, Nov. 4, 2021]
authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.
source: 72 FR 63049, Nov. 7, 2007, unless otherwise noted.
cite as: 48 CFR 27.201-1