March-In Rights Under the Bayh-Dole Act

March-In Rights Under the Bayh-Dole Act. Congressional Research Service, Library of Congress. John R. Thomas. September 23, 2016.

Congress approved the Bayh–Dole Act, P.L. 96–517, in order to address concerns about the commercialization of technology developed with public funds. This 1980 legislation awards title to inventions made with federal government support if the contractor consists of a small business, a university, or other non–profit institution. A subsequent presidential memorandum extended this policy to all federal government contractors. As a result, the contractor may obtain a patent on its invention, providing it an exclusive right in the invention during the patent’s term. The Bayh–Dole Act endeavors to use patent ownership as an incentive for private sector development and commercialization of federally funded research and development (R&D). The federal government retains certain rights in inventions produced with its financial assistance under the Bayh–Dole Act.

[PDF format, 17 pages, 613.2 KB].

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