In an unexpected move, the Trump administration signaled recently that it may rely on a controversial federal law to sidestep Harvard University patents that emerged with the help of U.S. government funding.
At issue is a provision of the Bayh-Dole Act, which was enacted 45 years ago to enable universities, nonprofits, and small businesses to own, patent, and commercialize any of their inventions that benefited from federally funded research. An overarching goal was to promote the development of products and technologies that could boost the economy.
To remain in compliance, though, various requirements must be met concerning any subsequent licensing efforts, such as disclosing agreements, among other things. And as part of the bruising battle between Harvard and the administration, U.S. Department of Commerce Secretary Howard Lutnick maintained the school “is in breach” of its obligations and the government is going to take action.
