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ARTICLE · 23 MAY 2018

Patent Related Changes To Bayh-Dole Act Regulations

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Several important changes to Bayh-Dole Act implementing regulations took effect on May 14, 2018, that will apply to funding agreements executed after that date and may apply to existing funding agreements...

United StatesIntellectual Property
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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Several important changes to Bayh-Dole Act implementing regulations took effect on May 14, 2018, that will apply to funding agreements executed after that date and may apply to existing funding agreements modified after that date. In this article, we focus on the most significant patent-related changes.

The Bayh-Dole Act & Implementing Regulations

The Bayh-Dole Act governs rights in inventions made with U.S. federal government funding. Broadly speaking, the Act imposes invention disclosure obligations on "contractors," permits contractors to elect to retain title (subject to a worldwide, non-exclusive license to the U.S. government), and requires contractors to pursue patent protection and commercialization. The Act also permits the U.S. government to restrict or eliminate the contractor's rights under defined ''exceptional'' circumstances. While the Act refers to non-profit organizations, universities, and small businesses, it was expanded to apply to businesses

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