News & Analysis as of

Federal Funding Patents

Morrison & Foerster LLP - Government...

Trump Administration Imposes New Restrictions on Federal Grant Funding and Suggests Potential Use of “March-In” Rights to License...

In an effort to ameliorate perceived problems with the manner in which the federal government issues federal grant funding and the nature of the grants that it funds, President Trump recently announced a sweeping new grant...more

Wilson Sonsini Goodrich & Rosati

Department of Commerce Initiates Bayh-Dole Compliance Review and Asserts March-In Proceeding Targeting Harvard University Patents

On August 8, 2025, the U.S. Department of Commerce notified Harvard University (Harvard) that it has initiated a comprehensive review of Harvard’s federally funded research programs to assure compliance with the Bayh-Dole...more

Wolf, Greenfield & Sacks, P.C.

Bayh-Dole Compliance Under Scrutiny: HHS Adopts Aggressive Enforcement Stance

The Trump administration recently announced that it will begin investigating compliance with the Bayh-Dole Act, signaling it may invoke march-in rights or more dramatic request for title of patents relating to inventions...more

Kilpatrick

What Steps Educational Institutions Should Consider Taking to Protect Their Patent Portfolio

Kilpatrick on

In Fiscal Year 2023, colleges and universities spent approximately $109 billion on research and development expenditures of which $59.6 billion, or 55%, was federally funded. In Fiscal Year 2022, the Small Business Innovation...more

Quarles & Brady LLP

March-In Rights Revisited: A New Era of Enforcement?

Quarles & Brady LLP on

On August 8, 2025, the U.S. Department of Commerce sent a letter to Harvard University—also shared publicly on the social media platform X—alleging that the university failed to comply with several provisions of the Bayh-Dole...more

Knobbe Martens

Proposed Budget Cuts for U.S. Government Satellite Monitoring Could Lead to Market and IP Opportunities

Knobbe Martens on

In July 2025, the U.S. federal government proposed an 84% reduction in funding to the Office of Space Commerce. Some say the move would effectively terminate the agency’s further development of the Traffic Coordination System...more

Knobbe Martens

USPTO Report: Privatizing the Space Economy

Knobbe Martens on

A 2025 United States Patent and Trademark Office (USPTO) report highlights significant growth in space technology patents, driven by private innovation and government support. According to the report, space-related goods and...more

Jones Day

Innovative Insights: Legal Updates in Life Sciences | First Quarter 2025

Jones Day on

Artificial intelligence is revolutionizing life science R&D (particularly in the realm of drug discovery) and challenging the traditional "human inventorship" requirement for U.S. patents. Recent guidance from the USPTO...more

Woods Rogers

Shaking Up Federal Grants: What to Expect Under the Trump Administration

Woods Rogers on

Partnerships between the government and private companies are key drivers of innovation. A study of U.S. patents from 1982 to 2012 found collaborations with the federal government produce more “disruptive” inventions than...more

Snell & Wilmer

NIH Cuts and Potential Impacts on Intellectual Property

Snell & Wilmer on

On January 27th, the Trump administration issued an order (the January 27th order) freezing all federal grants and loans, which would have cut billions of dollars of federal funding, largely to research universities....more

Proskauer - Trade Secrets

Streamlining University IP Innovation: How the Improving Efficiency to Increase Competition Act Could Advance University...

University-driven innovation is a cornerstone of societal progress, as academic institutions play a pivotal role in advancing research and technology that fuel economic growth, enhance quality of life, and address global...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Weighs in on Temporal Rigidity of the Bayh-Dole Act’s Licensing Provisions

In University of South Florida Board of Trustees v. United States, the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is...more

Goodwin

Recent Bayh-Dole Act News: Comments on the Draft Framework; HHS Refuses to March-In on Xtandi; and Delayed Contracting Doesn’t...

Goodwin on

U.S. universities and academic institutions rely heavily on federal grants to fund their research and generate innovations in life sciences. Universities often out-license patents protecting inventions created using federal...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2024

Univ. of South Florida Bd. of Trustees v. United States, Appeal No. 2022-2248 (Fed. Cir. Feb. 9, 2024) In this week’s Case of the Week, the Federal Circuit examined the scope of a provision of the Bayh-Dole Act of 1980 (35...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Biden Administration Proposes Framework for Exercising Bayh-Dole March-in Rights to Control Drug Pricing

The Biden-Harris Administration recently announced various actions to lower healthcare and prescription drug costs. In one action, the National Institute of Standards and Technology (NIST) released in December 2023 a draft...more

Wilson Sonsini Goodrich & Rosati

Draft Guidance Puts March-In Authority Pursuant to Bayh-Dole in the News Once Again

On December 8, 2023, the National Institute of Standards and Technology (NIST) released the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights (guidance) to the public for comment. The...more

Axinn, Veltrop & Harkrider LLP

HHS to Go a March-In'

Following years of discussion and pressure being applied by certain policymakers (including Senate HELP Committee Chair Bernie Sanders), the Biden Administration announced that a framework is being put forward by HHS and the...more

MoFo Tech

Top 10 Considerations In Licensing Cleantech Innovations

MoFo Tech on

Spurred by both planetary and economic needs, the industry commonly referred to as “cleantech”—short for “clean technology”—has been on the rise. Current estimates predict clean energy technologies could dominate oil and gas...more

Akin Gump Strauss Hauer & Feld LLP

Federally Funded Research & Development: New Executive Order Pushes Federal Agencies to Take Title to Subject Inventions and...

Key Points - On July 28, 2023, President Biden signed EO 14104, “Federal Research and Development in Support of Domestic Manufacturing and United States Jobs,” which aims to increase domestic manufacturing and...more

Goodwin

Changes To March-In Rights Under Bayh-Dole And More?

Goodwin on

Since its enactment in 1980, the Bayh-Dole Act has been credited with promoting the development of over 10,000 startup companies and at least 200 pharmaceutical drugs and vaccines, while contributing more than $500 billion...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Patenting Considerations for SBIR Awardees

Awardees of funding from the Small Business Innovative Research (“SBIR”) program face unique strategic questions as they plan their intellectual property development. Like all companies, SBIR awardees must decide whether to...more

Miles & Stockbridge P.C.

Recent USPTO Announcements on Patent Entity Status and Trademark Fees

Miles & Stockbridge P.C. on

Small Entity Government Use License Exception (Effective date: January 20, 2021) - The United States Patent and Trademark Office (USPTO) is amending the rules of practice in patent cases to clarify and expand exceptions...more

Haug Partners LLP

When the “States” Come Marching-In: The Bayh-Dole Act’s Effect on IP Rights of COVID-Related Patents and Knowledge Ecology...

Haug Partners LLP on

On August 4, 2020, a bipartisan coalition of over 30 attorneys general led by California Attorney General Xavier Becerra and Louisiana Attorney General Jeff Landry sent a letter request to United States Health and Human...more

Pillsbury - Internet & Social Media Law Blog

Keep an Eye on the Bayh-Dole Act in Regard to COVID-19-Relevant Patents

While companies in every industry are working hard to figure out the best response to this global pandemic, those in the pharmaceutical and medical device industries have been faced with some unique challenges related to the...more

Bennett Jones LLP

Government Funding Opportunities for SMEs

Bennett Jones LLP on

The lack of readily available funds that often exists within a growing small or medium technology enterprise (Tech-SME) can result in management having to juggle many competing priorities; unfortunately, this sometimes means...more

38 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide