FAR 27.201-1

(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 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 Government requires notice and assistance from its contractors regarding any claims for patent or copyright infringement by inserting the clause at 52.227-2 , 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.

More parts