What are the reporting requirements for contractors under 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.

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.