Commerce Department Singles Out Harvard for Bayh-Dole March-In Rights Enforcement – Duane Morris Life Sciences Law

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.

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