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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