Technology Transactions, IP Strategy & Data Rights

Data rights in government contracts — the government's rights in technical data and computer software developed under federal contracts — are among the most commercially consequential and legally complex issues in federal contracting. The rights a contractor retains (or loses) in its intellectual property can determine whether a technology investment generates long-term commercial value or becomes government property.

Berry & Partners advises government contractors on data rights strategy from the earliest stages of proposal preparation through contract performance and beyond. We counsel clients on the proper assertion of limited rights, restricted rights, and government purpose rights legends; the development of commercial item strategies that preserve IP ownership; and the negotiation of data rights provisions with contracting officers who may press for broader government rights than the FAR and DFARS require.

We also advise on technology transaction structures — licensing agreements, teaming arrangements, and subcontracts — that protect proprietary technology while enabling federal program participation. For clients developing AI systems, software platforms, or other novel technologies for government customers, data rights strategy is a foundational business decision, and we help clients make it correctly from the start.