What to Avoid When Patenting Government-Funded Inventions
"Under the Bayh-Dole Act, a small business can patent an invention made with federal funding. But if the small business doesn’t properly notify the government about the invention, then the government can take title to the patent or patent application. Worse, if takes title, the government does not have to license the patent to the small business. In some circumstances, the government can even take title to inventions conceived outside the scope of the funding agreement. Here, we review pitfalls and how to avoid them when electing title to a patent or patent application on an invention made with government funding.[1] We also identify some steps for identifying and mitigating the risk that the government will take title if the invention hasn’t been properly reported."
This content is provided for general informational purposes only, and your access or use of the content does not create an attorney-client relationship between you or your organization and Cooley LLP, Cooley (UK) LLP, or any other affiliated practice or entity (collectively referred to as “Cooley”). By accessing this content, you agree that the information provided does not constitute legal or other professional advice. This content is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction and you should not act or refrain from acting based on this content. This content may be changed without notice. It is not guaranteed to be complete, correct or up to date, and it may not reflect the most current legal developments. Prior results do not guarantee a similar outcome. Do not send any confidential information to Cooley, as we do not have any duty to keep any information you provide to us confidential. This content may be considered Attorney Advertising and is subject to our legal notices.