Action Items: Implementing Bayh-Dole Act Updates

Updated Bayh-Dole Act regulations are effective today (May 14, 2018). Here are the key steps federal funding recipients will want to take to comply with the new rule and those licensing federally funded technology will want to know.

Alert grants and contracts office to request an exception to the new rule when existing grants or contracts are amended.

The new rule applies to funding agreements executed after May 14, 2018, which means that it should be some time before subject inventions covered by the new rule make their way to your office, giving you some time to get a process in place to manage new deadlines. However, if an existing funding agreement is modified, the funding agency can elect to make it subject to the new rule going forward. Give yourself more lead time by asking your grants and contracts office to negotiate for an exception to the funding agency's election.