The FAR overhaul has not changed the central patent-rights bargain for federally funded inventions. The governing statutory framework remains Bayh-Dole and 37 C.F.R. Part 401. In the FAR Council’s current Part 27 model text, the principal patent clauses—including FAR 52.227-11, Patent Rights—Ownership by the Contractor, and FAR 52.227-13, Patent Rights—Ownership by the Government—were retained without text changes. The same is true of the key patent-infringement clauses: Auth

Other Transaction Authority (OTA) agreements have become a central tool for the Department of Defense to engage non-traditional contractors, particularly in areas such as advanced manufacturing, materials, and rapid prototyping. Whether the program sits with the Navy, the Army, or the Air Force, these arrangements allow prime contractors to access capabilities that would otherwise fall outside the traditional defense industrial base. When those collaborations succeed, a predi

Recent reporting described tension between the U.S. Department of Defense and AI developer Anthropic over how advanced artificial intelligence systems could be used within defense environments. The episode did not result in litigation, but it highlights a broader issue: federal procurement frameworks are still catching up to the realities of modern AI technology. The Disagreement That Sparked the Discussion According to reports, the disagreement emerged during discussions abo

For years, defense contractors have been told that the Cybersecurity Maturity Model Certification (CMMC) is coming. Then it stalled. Then it returned in revised form. After enough false starts, it became easy to tune it out—just another compliance initiative perpetually on the horizon. That instinct is understandable. It is also increasingly risky. What actually changes in 2026 is not the existence of the rule, but its practical consequences. That is when some contractors—qui

Many in-house lawyers inherit export controls without warning. One day it is contracts or IP; the next day someone tells you engineering, HR, and IT are now an “export risk.” That is not an exaggeration. EAR and ITAR regulate who inside your company is legally allowed to know what. Export controls are not mainly about shipping products. They are about information. Design drawings, source code, test data, manufacturing processes, and technical manuals can all become regulated

For small, advanced manufacturing businesses supplying both automotive and aerospace industries, trade secrets are often a competitive edge. But if you work with Department of Defense (DoD) aerospace clients, the bar has just been raised. The DoD’s new 2025 Intellectual Property Guidebook for Acquisition, released in May 2025, underscores that managing IP—especially trade secrets and data rights—is now a critical part of contract performance. Here’s how small manufacturers ca

Defense contractors modifying commercial products to meet specific U.S. military requirements face challenges preserving the product’s classification as a “commercial item” under FAR 2.101—especially when the modified version is purchased only by NAVAIR (Naval Air Systems Command) and the U.S. Air Force (USAF). Here's a strategy to meet the challenge. Why Commercial Item Classification Matters The benefits of retaining commercial item status are substantial: FAR Part 12 strea

Selling to the Department of Defense can be more efficient—and more profitable—when your product qualifies as a "commercial item" under the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). For both prime contractors and sub contractors, this designation offers powerful benefits. Benefits of Commercial Item Status for DoD Contracts Streamlined procurement under FAR Part 12, including the use of commercial terms. Relief fro