FAR 52.227-3 Patent Indemnity. Basic (Apr 1984) (Current)

As prescribed in 27.201-2(c)(1), insert the clause at 52.227-3, Patent Indemnity, in solicitations and contracts that may result in the delivery of commercial products or the provision of commercial services unless-

                (i) part  12 procedures are used;

                (ii) The simplified acquisition procedures of part  13 are used;

                (iii) Both complete performance and delivery are outside the United States; or

                (iv) The contracting officer determines after consultation with legal counsel that omission of the clause would be consistent with commercial practice.

           (2) Use the clause with either its Alternate I (identification of excluded items) or II (identification of included items) if-

                (i) The contract also requires delivery of items that are not commercial products or the provision of services that are not commercial services; or

                (ii) The contracting officer determines after consultation with legal counsel that limitation of applicability of the clause would be consistent with commercial practice.

           (3) Use the clause with its Alternate III if the solicitation or contract is for communication services and facilities where performance is by a common carrier, and the services are unregulated and are not priced by a tariff schedule set by a regulatory body.

Patent Indemnity (Apr 1984)

      (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.

      (b) This indemnity shall not apply unless the Contractor shall have been informed as soon as practicable by the Government of the suit or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to—

           (1) An infringement resulting from compliance with specific written instructions of the Contracting Officer directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the contract not normally used by the Contractor;

           (2) An infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance; or

           (3) A claimed infringement that is unreasonably settled without the consent of the Contractor, unless required by final decree of a court of competent jurisdiction.

(End of clause)


Prime’s Interest;
Outside U.S. ✖ (Applies to contracts that may result in the delivery of commercial items.);

52.227-17 Rights in Data-Special Works.

52.227-18 Rights in Data-Existing Works.

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

52.227-4 Patent Indemnity-Construction Contracts.

52.227-5 Waiver of Indemnity.

52.228-8 Liability and Insurance-Leased Motor Vehicles.

52.236-10 Operations and Storage Areas.

52.237-7 Indemnification and Medical Liability Insurance.

52.247-21 Contractor Liability for Personal Injury and/or Property Damage.

52.247-23 Contractor Liability for Loss of and/or Damage to Household Goods.

52.250-1 Indemnification Under Public Law 85-804.

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

252.217-7012 Liability and Insurance.

252.222-7002 Compliance with Local Labor Laws (Overseas).

252.227-7001 Release of Past Infringement.

252.227-7020 Rights in Special Works.

252.227-7021 Rights in Data--Existing Works.

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

252.228-7006 Compliance with Spanish Laws and Insurance.

252.235-7000 Indemnification Under 10 U.S.C. 3861--Fixed Price.

252.235-7001 Indemnification Under 10 U.S.C. 3861--Cost Reimbursement.

252.237-7014 Loss or Damage (Count-of-Articles).

252.237-7015 Loss or Damage (Weight of Articles).

252.247-7016 Contractor Liability for Loss or Damage.

1852.227-86 Commercial Computer Software--Licensing.

1852.227-88 Government-furnished computer software and related technical data.

1852.245-72 Liability for Government property furnished for repair or other services.

3052.217-95 Liability and insurance (USCG).

3052.228-93 Risk and indemnities (USCG).

5352.228-9101 Insurance Certificate Requirement in Spain (USAFE)

5152.228-5900 Government Liability for Non-Tactical Vehicles

552.232-78 Commercial Supplier Agreements–Unenforceable Clauses.

1452.228-72 Liability for Loss or Damage - Department of the Interior.

952.250-70 Nuclear hazards indemnity agreement.

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