FAR 52.227-2—Notice and Assistance Regarding Patent and Copyright Infringement.
Plain-English Summary
FAR 52.227-2, Notice and Assistance Regarding Patent and Copyright Infringement, tells contractors what to do when they learn of a patent or copyright infringement issue connected to contract performance, and what support they must provide if the Government is sued or otherwise faces a claim. It covers three main subjects: prompt reporting of infringement notices or claims to the Contracting Officer, furnishing evidence and information to the Government when a claim or suit is brought against the Government, and flowing the clause down to certain subcontracts. The clause exists to help the Government identify infringement risks early, preserve relevant facts and documents, and defend or resolve claims efficiently. In practice, it creates an affirmative notice obligation for the contractor, a cooperation obligation if litigation or a claim arises, and a subcontract administration requirement to ensure lower-tier contractors are bound by the same basic duties. It also addresses who bears the cost of providing information, generally placing that cost on the Government unless the contractor has agreed to indemnify the Government. For contractors, this clause is a compliance and recordkeeping requirement; for contracting officers, it is a tool for managing intellectual property risk and ensuring the Government can respond quickly to infringement allegations.
Key Rules
Prompt infringement reporting
The contractor must promptly report to the Contracting Officer, in reasonable written detail, each notice or claim of patent or copyright infringement that is based on performance of the contract and of which the contractor has knowledge. The duty is triggered by knowledge of a notice or claim, not by a final determination that infringement actually occurred.
Applies to contract-performance-related claims
The reporting obligation covers infringement notices or claims tied to performance of the contract. It is not limited to direct contractor acts; it also includes infringement allegations arising from the use of supplies furnished or work or services performed under the contract.
Cooperate in Government claims or suits
If a claim or suit is brought against the Government for alleged patent or copyright infringement arising from the contract, the contractor must provide evidence and information in its possession when requested by the Contracting Officer. This is a support obligation designed to help the Government investigate, defend, or settle the matter.
Government pays unless indemnified
The evidence-and-information support must be furnished at the Government’s expense, unless the contractor has agreed to indemnify the Government. If there is an indemnity agreement, the cost allocation may shift according to that agreement.
Flow down to covered subcontracts
The contractor must include the substance of the clause, including paragraph (c), in all subcontracts expected to exceed the simplified acquisition threshold. This ensures subcontractors have the same reporting and assistance obligations for infringement issues tied to their work.
Responsibilities
Contractor
Monitor for patent and copyright infringement notices or claims connected to contract performance; promptly report them to the Contracting Officer in reasonable written detail; preserve and provide relevant evidence and information in its possession when the Government requests it in connection with a claim or suit; and flow the clause down to applicable subcontracts.
Contracting Officer
Receive and evaluate infringement notices or claims from the contractor; request evidence and information from the contractor when the Government faces a claim or suit; and manage the clause’s administration, including ensuring the contractor understands the reporting and assistance obligations.
Government
Pay the contractor’s costs for furnishing evidence and information when required under the clause, unless the contractor has agreed to indemnify the Government; use the contractor’s information to investigate, defend, or resolve infringement claims or suits.
Subcontractor
When the clause is flowed down, report infringement notices or claims related to its subcontract performance and provide assistance consistent with the incorporated clause terms.
Practical Implications
Contractors should set up internal procedures so legal, contracts, engineering, and program staff know how to escalate any patent or copyright notice immediately to the Contracting Officer.
The phrase "promptly and in reasonable written detail" means vague or delayed reporting is risky; contractors should document what was received, when it was received, the affected items or work, and any known facts.
If the Government is sued, the contractor may need to search records, identify witnesses, and provide technical or procurement documents quickly, so retention of relevant project files matters.
The cost rule can become important in disputes: absent an indemnity, the Government generally bears the expense of the contractor’s assistance, but contractors should confirm whether any separate indemnification language changes that result.
Prime contractors must remember to flow the clause to subcontracts expected to exceed the simplified acquisition threshold; failing to do so can leave the prime exposed and can complicate downstream infringement response efforts.
Official Regulatory 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)