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Invention assignment following Stanford v. Roche: implications for technology transfer and government contracts

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • June 27 2011

Last week the United States Supreme Court clarified the respective invention ownership rights between federal contractors and their employee-inventors under the Bayh-Dole Act (35 U.S.C. 201(e), (c), 202(a)) (the “Act”) in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc. (Sup. Ct. June 6, 2011

U.S. Supreme Court holds the Bayh-Dole Act only lets employers keep what they already have

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • June 8 2011

Earlier this week, the U.S. Supreme Court held that the University and Small Business Patent Procedures Act of 1980 (the Bayh-Dole Act), which allocates rights in a federally-funded invention between the federal government and a federal contractor, does not automatically vest title to an invention in the contractor (or authorize the contractor to unilaterally take title to the invention) when the contractor has elected to retain title to the invention under the Act