What are the reporting requirements for contractors under the Bayh-Dole Act?

Contractors have specific reporting requirements under the Bayh-Dole Act:

  • Disclose each subject invention to the Federal agency within 2 months after the inventor discloses it in writing to contractor personnel responsible for patent matters.
  • Elect in writing whether or not to retain title to any subject invention by notifying the Federal agency within 2 years of disclosure.
  • File patent applications within statutory deadlines.
  • Include a government support clause in patent applications.

The MPEP states: ‘The contractor is also required to submit periodic reports on the utilization of a subject invention or on efforts at obtaining such utilization that are being made by the contractor or its licensees or assignees.’

For more information on Bayh-Dole Act, visit: Bayh-Dole Act.

Topics: MPEP 300 - Ownership and Assignment, MPEP 310 - Government License Rights to Contractor - Owned Inventions Made Under Federally Sponsored Research and Development, Patent Law, Patent Procedure
Tags: Bayh-Dole Act