[Ip-health] 52.227-1 Authorization and Consent.

Jamie Love james.love at keionline.org
Sat Oct 29 05:57:33 PDT 2016


This is what an authorization and consent
​ clause looks like when the US government wants to use 28 USC 1498(a) for
non-voluntary use of patents.

Jamie​


https://www.acquisition.gov/far/html/52_227.html


52.227-1 Authorization and Consent.

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

Authorization and Consent (Dec 2007)

(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. However, omission of this clause from any
subcontract, including those at or below the simplified acquisition
threshold, 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.



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