Low RiskDFARSIP / Data Rights

252.227-7008Computation of royalties.

Researched by the BidStride Research Team

What This Clause Requires

DFARS 252.227-7008 — Computation of royalties.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.

Official Regulation Text

252.227-7008 Computation of royalties. As prescribed at 227.7009-4(c), insert the following clause in patent releases, license agreements, and assignments: Computation of Royalties (AUG 1984) Subject to the conditions hereinafter stated, royalties shall accrue to the Contractor under this agreement on all articles or materials embodying, or manufactured by the use of, any or all inventions claimed under any unexpired United States patent licensed herein, upon acceptance thereof by the Department of ____________, at the rate of ________ percent of the net selling price of such articles or materials (amount) per (name of item) * whether manufactured by the Government or procured under a fixed price contract, and at the rate of (amount) per (name of item) acquired or manufactured by a Contractor performing under a cost-reimbursement contract. With respect to such articles or materials made by the Department of ____________, “net selling price,” as used in this paragraph, means the actual cost of direct labor and materials without allowance for overhead and supervision. * Use bracketed matter as appropriate. (End of clause)

Source: eCFR, 48 CFR 252.227-7008 (https://www.ecfr.gov/current/title-48/section-252.227-7008)

Compliance Checklist

  • As prescribed at 227.7009-4(c), insert the following clause in patent releases, license agreements, and assignments: Computation of Royalties (AUG 1984) Subject to the conditions hereinafter stated, royalties shall accrue to the Contractor under this agreement on all articles or materials embodying, or manufactured by the use of, any or all inventions claimed under any unexpired United States patent licensed herein, upon acceptance thereof by the Department of ____________, at the rate of ________ percent of the net selling price of such articles or materials (amount) per (name of item) * whether manufactured by the Government or procured under a fixed price contract, and at the rate of (amount) per (name of item) acquired or manufactured by a Contractor performing under a cost-reimbursement contract.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.