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