Much of the research conducted at universities across the United States, including at UF, is federally funded. Since its enactment in 1980, the Bayh-Dole Act has enabled non-profits, including universities, as well as small businesses, to retain rights to inventions resulting from federally funded research. This landmark change in innovation policy has fostered innovation and commercialization at universities, enabled new business formation, brought numerous products to market, and transformed the US economy.
Major provisions of the Act include:
● Non-profits, including universities, and small businesses may elect to retain title to innovations developed under federally-funded research programs
● Universities are encouraged to collaborate with commercial concerns to promote the utilization of inventions arising from federal funding
● Universities are expected to file patents on inventions they elect to own
● Universities are expected to give licensing preference to small businesses
● The government retains a non-exclusive license to practice the patent throughout the world
● The government retains march-in rights in very specific circumstances
Lately, march-in-rights have been in the news with regard to drug pricing. What does this mean? Learn about the Bayh-Dole Act, the discussion around march-in rights, and what it could mean for innovation in this article.
