What is FAR 52.227-4?

FAR 52.227-4 (Patent Indemnity—Construction Contracts.) is a federal acquisition regulation clause that may be included in government contracts. It falls under the ip category.

When is FAR 52.227-4 required?

FAR 52.227-4 is typically required when the contracting officer determines it's applicable to the specific procurement. Check the solicitation's Section I for included clauses.

Does FAR 52.227-4 flow down to subcontractors?

Whether FAR 52.227-4 flows down depends on the specific clause language and contract type. Review the clause text for flow-down provisions.

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52.227-4 — Patent Indemnity—Construction Contracts.

Last updated: 2026-04

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.227-4 — Patent Indemnity—Construction Contracts.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.227-4 Patent Indemnity—Construction Contracts. As prescribed in 27.201-2(d)(1), insert the following clause: Patent Indemnity—Construction Contracts (DEC 2007) Except as otherwise provided, the Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs and expenses, 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 performing this contract or out of the use or disposal by or for the account of the Government of supplies furnished or work performed under this contract. (End of clause) Alternate I (DEC 2007). As prescribed in 27.201-2(d)(2), designate the first paragraph of the basic clause as paragraph (a) and add the following paragraph (b) to the basic clause: (b) This patent indemnification shall not apply to the following items: _______________ [ Contracting Officer list the items to be excluded. ] [72 FR 63065, Nov. 7, 2007]
Source: eCFR, 48 CFR 52.227-4 (https://www.ecfr.gov/current/title-48/section-52.227-4)

Compliance Checklist

As prescribed in 27.201-2(d)(1), insert the following clause: Patent Indemnity—Construction Contracts (DEC 2007) Except as otherwise provided, the Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs and expenses, 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.
As prescribed in 27.201-2(d)(2), designate the first paragraph of the basic clause as paragraph (a) and add the following paragraph (b) to the basic clause: (b) This patent indemnification shall not apply to the following items: _______________ [ Contracting Officer list the items to be excluded.

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.