48 C.F.R. § 52.227-2

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

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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) [49 FR 12987, Mar. 30, 1984, as amended at 61 FR 39198, July 26, 1996; 72 FR 63065, Nov. 7, 2007; 85 FR 27096, May 6, 2020]

Notes of Decisions

Cited in 2 cases, 1998–2001 · leading case: B.E. Meyers & Co. v. United States, 41 Fed. Cl. 729 (Fed. Cl. 1998).

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B.E. Meyers & Co. v. United States, 41 Fed. Cl. 729 (Fed. Cl. 1998). · cites it 2× “48 C.F.R. § 52.227-2 (1994). 2 The two contracts refer to two different patent indemnification clauses.”

Virginia Panel Corp. v. MAC Panel Co., 139 F. Supp. 2d 753 (W.D. Va. 2001). “Virginia Panel maintains that MAC Panel should be estopped from invoking governmental immunity if it failed to notify the Government of possible infringement according to the "Notice and Assistance Clause” set forth in 48 C.”

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