How does MPEP 310 relate to the Bayh-Dole Act?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.