Patent Attorney and Founder
Hey everyone, big news in the patent world today.
The federal government is threatening to take away several of Harvard University’s patents. They’re invoking something called the Bayh-Dole Act, which lets the government step in and take control, or even license out, patents that were developed using federal funding.
I’m JD Houvener, founder and patent attorney here at Bold Patents Law Firm. Let’s unpack what’s happening and why it matters to inventors, startups, and business owners like you.
Here’s the short version:
The U.S. Department of Commerce says Harvard may not be meeting its obligations under the Bayh-Dole Act. That law, passed back in the 1980s, sets the rules for how universities and researchers handle inventions that come from government-funded projects.
If those rules aren’t followed, the government can use what’s called its “march-in rights.” That means they can take ownership of the patents or give someone else the right to use them if they think the public isn’t getting enough benefit from the funding.
Now, this is a rare move. It almost never happens. But if it can happen to Harvard, it can happen to anyone who works with federal grants.
So what does this mean for you as an inventor?
If you’re working with a university or receiving government funding, you need to know:
- When you must disclose your invention.
- How to handle commercialization.
- What triggers the government’s right to step in.
Most universities have a technology transfer office that helps manage this process, but even then, it’s complicated. If Harvard’s legal team is struggling, that should tell you something.
The takeaway: be cautious before accepting federal funds. Make sure you understand the strings attached.
Beyond the politics, the message is clear, if the government feels the public isn’t benefiting from taxpayer-funded innovation, it will act. That could mean your invention ends up licensed to someone else.
Harvard’s doing incredible work in biotech, health science, and tech. Losing control of their patents could shake things up in a big way. We’ll be keeping an eye on how this unfolds and sharing updates as it develops.
Here at Bold Patents, our job is to help inventors build strong, compliant, and defensible patents, ones that stand up to challenges like this.
If you’re just getting started or already working on a funded project, reach out for a free discovery call at boldpatents.com.
I’m JD Houvener. Thanks for watching, and remember: Go big. Go bold.