48 C.F.R. § 52.227-1

52.227-1 Authorization and Consent.

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As prescribed in 27.201-2(a)(1), insert the following clause:

Authorization and Consent (JUN 2020)

(a) The Government authorizes and consents to all use and manufacture, in performing this contract or any subcontract at any tier, of any invention described in and covered by a United States patent—

(1) Embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract; or

(2) Used in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a subcontractor with (i) specifications or written provisions forming a part of this contract or (ii) specific written instructions given by the Contracting Officer directing the manner of performance. The entire liability to the Government for infringement of a United States patent shall be determined solely by the provisions of the indemnity clause, if any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted.

(b) The Contractor shall include the substance of this clause, including this paragraph (b), 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. However, omission of this clause from any subcontract, including those at or below the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, does not affect this authorization and consent.

(End of clause)

Alternate I (APR 1984). As prescribed in 27.201-2(a)(2), substitute the following paragraph (a) for paragraph (a) of the basic clause:

(a) The Government authorizes and consents to all use and manufacture of any invention described in and covered by a United States patent in the performance of this contract or any subcontract at any tier.

Alternate II (APR 1984). As prescribed in 27.201-2(a)(3), substitute the following paragraph (a) for paragraph (a) of the basic clause:

(a) The Government authorizes and consents to all use and manufacture in the performance of any order at any tier or subcontract at any tier placed under this contract for communication services and facilities for which rates, charges, and tariffs are not established by a government regulatory body, of any invention described in and covered by a United States patent (1) embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract or (2) used in machinery, tools, or methods whose use necessarily results from compliance by the contractor or a subcontractor with specifications or written provisions forming a part of this contract or with specific written instructions given by the Contracting Officer directing the manner of performance.

[49 FR 12986, Mar. 30, 1984, as amended at 60 FR 34761, July 3, 1995; 72 FR 63065, Nov. 7, 2007; 85 FR 27096, May 6, 2020]

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1998–2025 · leading case: Saint-Gobain Ceramics & Plastics, Inc. v. Ii-Vi Inc., 369 F. Supp. 3d 963 (10th Cir. 2019).

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Saint-Gobain Ceramics & Plastics, Inc. v. Ii-Vi Inc., 369 F. Supp. 3d 963 (10th Cir. 2019). · cites it 5× “48 C.F.R. § 52.227-1 (West) (emphasis added).”

Madey v. Duke Univ., 413 F. Supp. 2d 601 (M.D.N.C. 2006). · cites it 3× “201-2 (b) and 48 CFR § 52.227-1 for federal research and development contracts provide an example of a “broad” authorization and consent clause using the following language: “[t]he Government authorizes and consents to all use and manufacture of any invention described in and…”

Brookwood Cos., Inc. v. Alston & Bird LLP, 2017 NY Slip Op 535 (N.Y. App. Div. 2017). “e government ultimately changed its specifications, but before doing so, a government specialist stated in an email to Brookwood that the government’s standard patent infringement indemnity clause would be included in the contract stating, in sum and substance, that the…”

B.E. Meyers & Co. v. United States, 41 Fed. Cl. 729 (Fed. Cl. 1998). “48 C.F.R. § 52.227-1 (a) (1994). The Notice and Assistance Clause, which is cited only in contract K821, provides: 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…”

Earth Resources Corp. v. United States, 44 Fed. Cl. 274 (Fed. Cl. 1999). “48 C.F.R. § 52.227-1 . . The Commission determined that Atmel was in privity with Perlegos.”

Virginia Panel Corp. v. MAC Panel Co., 139 F. Supp. 2d 753 (W.D. Va. 2001). · cites it 3× “Cross-referencing each document to the next establishes a link between MAC Panel’s sales to Allied Signal and a contract that incorporates the Authorization and Consent Clause set forth in 48 C.F.R. § 52.227-1 . Virginia Panel’s Exhibit 20 contains the various sales documents…”

Arbutus Biopharma Corp. v. Moderna, Inc. (D. Del. 2022). “The contract incorporates by reference Federal Acquisition Regulation 48 C.F.R. § 52.227-1 (a) (2020), which states that “[t]he Government authorizes and consents to all use and manufacture, in performing this contract or any subcontract at any tier, of any invention described…”

Leupold & Stevens, Inc. v. Lightforce USA, Inc. (D. Or. 2020). “48 C.F.R. § 52.227-1 . There is no dispute that the patented inventions are alleged to be embodied in the structure of the contracted-for goods.”

Copan Italia Spa v. Puritan Med. Prods. Co. LLC (D. Me. 2025). “See Federal Acquisition Regulation, 48 C.F.R. § 52.227-1 (2025) (hereinafter “FAR 52.”

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