How 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.
  • MPEP 310 provides specific guidance on implementing the Bayh-Dole Act’s requirements, particularly the government license rights statement.
  • The statutory basis for MPEP 310 is 35 U.S.C. 202(c)(6), which is part of the Bayh-Dole Act.

In essence, MPEP 310 serves as a practical guide for patent applicants to comply with the Bayh-Dole Act’s provisions regarding government-funded inventions.

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, government-funded inventions, international patent applications, MPEP 310