Commerce Department Threatens to Take Ownership of Harvard Patents

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The university holds more than 5,800 patents and has over 900 active technology licenses with various industry partners.

The federal government is looking into Harvard Universityโ€™s patent rights, Commerce Secretary Howard Lutnick said in an Aug. 8 letter to Harvard President Alan Garber.

The Department of Commerce is initiating a โ€œmarch-inโ€ process under the Bayh-Dole Act, a federal patent policy allowing recipients of federal funds to retain patent rights over their inventions made with federal funding.

The Actโ€™s โ€œmarch-inโ€ rights, however, give the federal government the authority to grant licenses of such patents to third parties under certain conditions where federally funded inventions are not being adequately developed or utilized for the public good.

In the letter, Lutnick said that Harvard has โ€œfailed to live up to its obligations to the American taxpayer and is in breach of the statutory, regulatory, and contractual requirements tied to Harvardโ€™s federally funded research programs and intellectual property arising therefrom, including patents.โ€

As a result, the Department of Commerce is initiating a comprehensive review of the institutionโ€™s non-compliance, and will initiate the Bayh-Dole Act โ€œmarch-inโ€ process through which Harvardโ€™s federally-funded patents could be taken over by the government.

Lutnick said that the federal government intends to license Harvardโ€™s patents to third parties.

March-in rights under the Bayh-Dole Act have not been exercised by any federal agency in the 40 years since its enactment.

In an emailed statement to The Epoch Times, a Harvard spokesperson said, โ€œThis unprecedented action is yet another retaliatory effort targeting Harvard for defending its rights and freedom. Technologies and patents developed at Harvard are life-saving and industry-redefining.

โ€œWe are fully committed to complying with the Bayh-Dole Act and ensuring that the public is able to access and benefit from the many innovations that arise out of federally funded research at Harvard.โ€

This is the latest escalation in a series of government actions taken against Harvard since Trump took office. The federal government has accused Harvard of anti-Semitism, non-disclosure related to foreign funding, and race-based discrimination.

According to Harvardโ€™s website, the university held over 5,800 patents as of July 1, 2024, and had more than 900 active technology licenses with 650-plus industry partners.

The administration values the groundbreaking scientific advancements that come from the federal governmentโ€™s partnership with institutions like Harvard, which are funded by โ€œsignificant taxpayer dollars,โ€ said the letter.

โ€œHowever, this privilege carries with it critical responsibility for Harvard to ensure that intellectual property derived from federal funding aligns with the Bayh-Dole Act, its associated regulations, and our contractual agreements, thereby maximizing the benefits to the American public,โ€ it said.

With regards to patents, Harvard has failed to comply with disclosure and ownership requirements under the Act; has not taken effective steps to achieve practical applications for inventions; and is not in compliance with a requirement to give preference to the U.S. domestic industry, the letter added.

The Commerce Departmentโ€™s actions are aimed at addressing these failures, Lutnick wrote.

The letter asked Harvard to provide a comprehensive list of all patents it received from federally funded research grants by no later than Sept. 5. The university must also provide sufficient information to prove that it was in compliance with the Bayh-Dole Act.

โ€œTaxpayers deserve the benefit of the bargain. If Harvard wonโ€™t honor the Bayh-Dole Act, then we will find someone who will,โ€ Lutnick said in an Aug. 8 X post, sharing the letter.

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