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Bayh-DoleAact does not automatically vest title to federally funded inventions in federal contractors

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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July 26 2011

In Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., No. 09-1159 (U.S. June 6, 2011), the Supreme Court held that the University and Small Business Patent Procedures Act of 1980 (the “Bayh-Dole Act” or “Act”) does not automatically vest title to federally funded inventions in federal contractors or authorize contractors to unilaterally take title to such inventions

U.S. Supreme Court upends Bayh-Dole - federal contractors and grant recipients must tie up employee inventions or risk losing right to retain ownership of inventions developed with federal funds

McCarter & English LLP
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USA
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July 15 2011

A fundamental understanding shared by both new recipients of federal research and development funds and some of its most experienced grant recipients and contractors is that if the Government pays for the development of the know-how, it owns it

Even under Bayh-Dole, employee inventor has first dibs

McDermott Will & Emery
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USA
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June 30 2011

In its second affirmance of a Federal Circuit decision in the span of two weeks, the Supreme Court of the United States, in a blow to the university technology transfer world, held (7-2) that federal contractors do not have an automatic right to claim title to inventions

Proceed with caution: does that employment agreement have a proper IP assignment?

Haynes and Boone LLP
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USA
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June 9 2011

The Supreme Court ruled earlier this week that the Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., et al

Bayh-Dole doesn’t block wedding when researcher who promised invention to Stanford says “I do” to Roche

Fish & Richardson PC
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USA
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June 8 2011

The Supreme Court held Monday, 7-2, in a decision authored by Chief Justice Roberts that the Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors or unilaterally authorize contractors to take title to such inventions

Court defends rights of individual inventors; underscores importance of precise drafting

Ballard Spahr LLP
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USA
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June 8 2011

On June 6, 2011, in a rare instance where the U.S Supreme Court had invited participation of the Solicitor General and addressed the rights of the federal government and its contractors to preempt the rights of individual inventors, the high court held that the Bayh-Dole Act does not automatically vest title to federally funded inventions in the federal government or government contractors, or reach through the federal agency-federal contractor relationship to permit either extension of federal governmental power to unilaterally divest from an individual inventor title to such inventions

Stanford v. Roche: highlighting the importance of best practices for employee assignments

Hogan Lovells
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USA
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April 21 2011

On February 28, 2011, the Supreme Court heard oral argument in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., Case No. 09-1159, wherein the parties sparred over the scope of a federal contractor university's statutory right to elect to retain title to a "subject invention" under the Bayh-Dole Act, 35 U.S.C. 200-212

Search results

Bayh-DoleAact does not automatically vest title to federally funded inventions in federal contractors

U.S. Supreme Court upends Bayh-Dole - federal contractors and grant recipients must tie up employee inventions or risk losing right to retain ownership of inventions developed with federal funds

Even under Bayh-Dole, employee inventor has first dibs

Proceed with caution: does that employment agreement have a proper IP assignment?

Bayh-Dole doesn’t block wedding when researcher who promised invention to Stanford says “I do” to Roche

Court defends rights of individual inventors; underscores importance of precise drafting

Stanford v. Roche: highlighting the importance of best practices for employee assignments

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