FAR 52.227-3 - Patent Indemnity
Prescribed in 27.201-2(c)(1) | ||
Effective Date: | 1 April 1984 | |
Clause or Provision: | Clause | |
Provision or Clause Number: | 52.227-3 - Patent Indemnity | |
Principle Type And/Or Purpose of Contract: | ||
Required: | ||
Applicable: | Fixed Price, Supply; Cost Reimbursement, Supply; Cost Reimbursement, Service; Fixed Price, Service; Indefinite Delivery | |
Optional: | Utility Services; Simplified Acquisition Procedures (Excludes Micro-Purchase); Facilities; Dismantling, Demolition or Removal of Improvements; Leasing of Motor Vehicles; Fixed Price, Construction; Time & Material/Labor Hour; Cost Reimbursement, Construction | |
Subject: | Patents, Licenses, Data Rights, and Royalties | |
ProcurementType: | ||
Contract Threshold: | ||
Prescription Overview: |
Prescription(c) (1) Insert the clause at 52.227-3, Patent Indemnity, in solicitations and contracts that may result in the delivery of commercial items, unless—
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Clause Overview: |
Clause(a) The Contractor shall indemnify the Government 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 Secrecy Order under 35 U.S.C. 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property (hereinafter referred to as “construction work”) under this contract, or out of the use or disposal by or for the account of the Government of such supplies or construction work.
AlternatesAlternate I (Apr 1984)As prescribed in 27.201-2(c)(2), add the following paragraph (c) to the basic clause: (c) This patent indemnification shall not apply to the following items: __________________________________________________ [Contracting Officer list and/or identify the items to be excluded from this indemnity.] Alternate II (Apr 1984)As prescribed in 27.201-2(c)(2), add the following paragraph (c) to the basic clause: (c) This patent indemnification shall cover the following items: __________________________________________________ [List and/or identify the items to be included under this indemnity.] Alternate III (July 1995)As prescribed in 27.201-2(c)(3), add the following paragraph (c) to the basic clause: ( ) As to subcontracts at any tier for communication service, this clause shall apply only to individual communication service authorizations over the simplified acquisition threshold issued under this contract and covering those communications services and facilities— (1) That are or have been sold or offered for sale by the Contractor to the public, (2) That can be provided over commercially available equipment, or (3) That involve relatively minor modifications. | |
Important Notes/Requirements: | ||
Subcontract Threshold: | ||
Incorporated by Reference: | Yes | |
Uniform Contract Format: | I | |
Editor: | Marshall |
Personal notes.