Code of Federal Regulations Title 48. Federal Acquisition Regulations System 48.970.2702-3 Patent indemnity

(a) Contracting officers must use the clause at 970.5227–6, Patent Indemnity—Subcontracts to assure that subcontracts appropriately address patent indemnity.

(b) Normally, the clause at 48 CFR 52.227–3 would not be appropriate for an M&O contract;  however, if there is a question, such as when the mission of the contractor involves production, the contracting officer must consult with local patent counsel and use the clause where appropriate.