Clauses · FAR · Data rights
FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement
Does the regulation require it to flow down?
Yes
(c): 'include the substance of this clause, including this paragraph (c), in all subcontracts that are expected to exceed the simplified acquisition threshold'
- Form
- substance
- Reaches
- all tiers
Checked against acquisition.gov on 2026-08-04 · edition JUN 2020 · base v0.9.3 Read the text ↗
What it makes you produce
2 items for your checklist, slowest first.
Something you write2
Days to weeks, and nobody outside your company has to agree to it.
- 52.227-2(a)
A written report to the buyer, promptly and in reasonable detail
Owed when a notice or claim of patent or copyright infringement based on performance of the order comes to your knowledge
- 52.227-2(b)
The evidence and information in your possession about the claim
Owed when there is a claim or suit against the Government and the contracting officer requests it — at the Government's expense unless you agreed to indemnify
When it is used
Goes into contracts above the SAT (prescription 27.201-2(b)). Flows down via (c) to every subcontract expected to exceed the simplified acquisition threshold ($350,000, FAR 2.101 as of the sub's award date).
Read closely
A duty to tell and to help, not to indemnify: the indemnity is 52.227-3's. Paragraph (c) carries the same duty into your own subcontracts expected to exceed the simplified acquisition threshold, which has been $350,000 since 2025-10-01.
The 16 templates that name it, with the line
Source: acquisition.gov, FAR 52.227-2 and 27.201-2(b) (verified 2026-08-04)
This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.