There has been much concern and discussion about Commerce Secretary Howard Lutnick’s recent letter to Harvard University indicating the U.S. government’s exercise of its “march-in rights” for government-funded research resulting in IP owned by Harvard under the Bayh-Dole Act. Under the Bayh-Dole Act, recipients of U.S. government research contracts can own any IP resulting from that research, but there are some out-licensing restrictions on that IP, including a requirement to achieve practical application of the subject invention, domestic manufacture, small-entity out-license preference and reporting of all commercialization activities, including the filing of patent applications.
Note: Co-author Ryan Smith previously worked in the technology transfer office of a major California university managing iEdison reporting of commercialization efforts to comply with the requirements of the Bayh-Dole Act.