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Bayh-Dole Act Federal Acquisition Regulations (FAR)

Whitcomb Selinsky, PC

What are the Government’s March-In Rights in Subject Inventions?

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Passed in 1980 and codified in 35 U.S.C. §§200 – 212, the Bayh-Dole Act (Act) allows contractors the option to own inventions made with government funding under government contracts and other agreements. Within the Department...more

Whitcomb Selinsky, PC

How to Report Inventions Made During a Government Contract and Follow Up

Whitcomb Selinsky, PC on

While performing a government contract, it is common for the contractor to make one or more inventions. Due to the nature of the work, invention-making occurs most frequently in research and development (R&D) contracts but...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Dual-Use Ventures & Intellectual Property: SBIR Data Rights, Patents, and Deals

Dual-use ventures—startups that intend to sell both commercially and to the Department of Defense (DoD)—enjoy many advantages. You have a strong opportunity to secure millions of dollars of non-dilutive R&D funding through...more

McCarter & English Blog: Government Contracts...

NIST On Track To Clarify Bayh-Dole To Ensure High Prices Cannot Be Used As Grounds For Exercising March-in Rights – Or Is It?

On January 4, 2021, the National Institute of Standards and Technology (NIST) published proposed rules for comment changing regulations promulgated under the Bayh-Dole Act (35 U.S.C. §§ 200-204), which allow businesses and...more

Haug Partners LLP

When the “States” Come Marching-In: The Bayh-Dole Act’s Effect on IP Rights of COVID-Related Patents and Knowledge Ecology...

Haug Partners LLP on

On August 4, 2020, a bipartisan coalition of over 30 attorneys general led by California Attorney General Xavier Becerra and Louisiana Attorney General Jeff Landry sent a letter request to United States Health and Human...more

McCarter & English Blog: Government Contracts...

iEdison’s 2020 New Year’s Resolution – Improvement! Time To Submit Your Comments

The Interagency Edison (“iEdison”) system is the principal mechanism for preserving rights to title in Government-funded inventions. Its use is now mandatory per 37 CFR 401.16, and we expect FAR 52.227-11, Patent Rights –...more

PilieroMazza PLLC

What is Technical Data and How Do You Protect It

PilieroMazza PLLC on

Technical data, as defined by the FAR, is “recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation).” See...more

PilieroMazza PLLC

Data Rights for Government Contractors

PilieroMazza PLLC on

In this presentation: - FAR AND DFAR - TYPES OF DATA - TECHNICAL DATA - COMPUTER SOFTWARE - COMMERCIAL COMPUTER SOFTWARE - TYPES OF RIGHTS - LICENSE RIGHTS - BAYH-DOLE...more

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