Exhibit-5-Patent-Indemnity-05-31-2005.pdf
PDF 9 KB Posted
- Attached to
- Fine Radial Collimator
- Solicitation number
- PR382688
- Issued by
-
Department of Energy
About this file
This is a Patent Indemnity contract exhibit (Exhibit 5) referencing FAR 52.227-3, dated April 1984, used by UT-B Contracts Division. The exhibit establishes the patent indemnification requirements for sellers/contractors in federal subcontracts.
Under this provision, the Seller must indemnify the Government and its personnel against liability and costs for infringement of any United States patent arising from manufacturing or delivering supplies, performing services, or conducting construction work under the subcontract, as well as from the Government's use or disposal of such supplies or construction work. The indemnity includes three key exceptions: infringement resulting from compliance with specific written Government instructions directing changes not normally used by the Seller, infringement from post-delivery additions or changes to supplies or construction work, and unreasonably settled patent claims without the Seller's consent unless required by court decree. The Government must promptly inform the Seller of any patent infringement suits and provide opportunity for the Seller to participate in the defense, with the indemnity not applying to patents withheld under Secrecy Orders pursuant to 35 U.S.C. 181.
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Text version
Exhibit 5 - Patent Indemnity UT-B Contracts Div Apr 1984 ex5-apr84format2005
Exhibit 5 Ref: FAR 52.227-3
PATENT INDEMNITY (Apr 1984)
(a) The Seller shall indemnify the Government and its officers, agents, and employees against liability, including costs, 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 the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property (hereinafter referred to as (“construction work”) under this subcontract, or out of the use or disposal by or for the account of the Government of such supplies or construction work.
(b) This indemnity shall not apply unless the Seller shall have been informed as soon as practicable by the Government of the suit or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to --
(1) an infringement resulting from compliance with specific written instructions of the Company directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the subcontract not normally used by the Seller,
(2) an infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance, or
(3) a claimed infringement that is unreasonably settled without the consent of the Seller, unless required by final decree of a court of competent jurisdiction.
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