News & Analysis as of

Patents Patent Applications Federal Funding

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Biden Administration Proposes Framework for Exercising Bayh-Dole March-in Rights to Control Drug Pricing

The Biden-Harris Administration recently announced various actions to lower healthcare and prescription drug costs. In one action, the National Institute of Standards and Technology (NIST) released in December 2023 a draft...more

Wilson Sonsini Goodrich & Rosati

Draft Guidance Puts March-In Authority Pursuant to Bayh-Dole in the News Once Again

On December 8, 2023, the National Institute of Standards and Technology (NIST) released the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights (guidance) to the public for comment. The...more

Goodwin

Changes To March-In Rights Under Bayh-Dole And More?

Goodwin on

Since its enactment in 1980, the Bayh-Dole Act has been credited with promoting the development of over 10,000 startup companies and at least 200 pharmaceutical drugs and vaccines, while contributing more than $500 billion...more

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

Patenting Considerations for SBIR Awardees

Awardees of funding from the Small Business Innovative Research (“SBIR”) program face unique strategic questions as they plan their intellectual property development. Like all companies, SBIR awardees must decide whether to...more

Miles & Stockbridge P.C.

Recent USPTO Announcements on Patent Entity Status and Trademark Fees

Miles & Stockbridge P.C. on

Small Entity Government Use License Exception (Effective date: January 20, 2021) - The United States Patent and Trademark Office (USPTO) is amending the rules of practice in patent cases to clarify and expand exceptions...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2019

Fenwick & West LLP on

In This Issue - A Looming AI War: Transparency v. IP Rights - As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few...more

Fenwick & West LLP

Avoiding Loss of Title to Inventions Made Under Federal Funding as New Bayh-Dole Requirements Affect Patent Rights

Fenwick & West LLP on

Federal grants are an important source of funding for many businesses and research institutions. The Bayh-Dole framework provides contractors the ability to retain title to an invention developed using federal funding, but...more

Womble Bond Dickinson

Lessons Learned in IP Strategy during the US Government Shutdown

Womble Bond Dickinson on

On January 25, 2019, after 35 days of uncertainty and hundreds of thousands of federal employees missing their second paycheck, the partial government shutdown that went into effect on December 22, 2018 ended. Ramifications...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Updated Bayh-Dole Regulations Increase Certain Risks of Losing Title to Federally Funded Inventions

Businesses and nonprofits that receive funding under a federal government agreement (e.g., contract, cooperative agreement, or grant) executed after May 14, 2018, are subject to the updated regulatory provisions that...more

Snell & Wilmer

Amendments to Rights of Federally Funded Inventions and Government Owned Inventions

Snell & Wilmer on

On April 13, 2018, a final rule was published in the Federal Register adopting proposed rule changes from the National Institute of Standards and Technology (“NIST”)....more

Goodwin

Changes to Bayh-Dole Act Regulations Impacting Ownership of Patent Rights

Goodwin on

Businesses and nonprofit organizations that receive federal government funding, such as NIH, DoD or SBIR grants, are required diligently to report and elect title to inventions and patent applications that have been made with...more

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