How does the Bayh-Dole Act affect government rights in federally funded inventions?
The Bayh-Dole Act, as implemented in 37 CFR Part 401, significantly affects government rights in federally funded inventions: It allows contractors (including small businesses and nonprofit organizations) to retain title to inventions made under federally funded research and development contracts. The government receives a nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention. The Act…
Read MoreWhat 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…
Read MoreWhat are march-in rights under the Bayh-Dole Act?
March-in rights are a provision of the Bayh-Dole Act that allow the government to intervene in certain circumstances: The government can require the contractor or exclusive licensee to grant a license to a responsible applicant. If the contractor or licensee refuses, the government can grant the license itself. These rights are exercised only in specific…
Read MoreHow does MPEP 310 relate to the Bayh-Dole Act?
MPEP 310 is closely related to the Bayh-Dole Act, officially known as the Patent and Trademark Law Amendments Act. Here’s how they are connected: The Bayh-Dole Act allows contractors to retain title to inventions made with federal funding. It requires contractors to disclose these inventions and include a statement in patent applications about government support.…
Read MoreHow does government funding affect small entity status?
How does government funding affect small entity status? Government funding can impact small entity status, particularly for universities and small businesses. The MPEP 509.03 provides guidance: A small business concern or nonprofit organization is not disqualified as a small entity because of a license to the Federal government pursuant to 35 U.S.C. 202(c)(4). This means:…
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