Bayh-Dole Act: A Comprehensive Overview of Its Legal Definition and Significance

Definition & Meaning

The Bayh-Dole Act, officially known as the University and Small Business Patent Procedures Act, was enacted in 1980. This law allows universities and small businesses to retain ownership of inventions developed through federally funded research. The Act aims to encourage the commercialization of these inventions by enabling these entities to control their intellectual property and collaborate with commercial interests for further development.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A university develops a new medical device through federally funded research. Under the Bayh-Dole Act, the university can patent the device and license it to a small business for commercialization.

Example 2: A small business receives a federal grant to develop a technology. The business can retain ownership of the resulting invention and work with a larger corporation to bring it to market. (hypothetical example)

Comparison with related terms

Term Definition Key Differences
Bayh-Dole Act Allows universities and small businesses to retain ownership of inventions from federal funding. Focuses on federally funded research.
Intellectual Property Rights Legal rights that grant creators control over their inventions and creations. Broader scope, not limited to federally funded inventions.
Technology Transfer The process of transferring skills, knowledge, or technologies between organizations. Can occur outside the context of federal funding.

What to do if this term applies to you

If you are a university or small business involved in federally funded research, consider the following steps:

  • Review your funding agreements to understand your rights under the Bayh-Dole Act.
  • Consult with a legal professional to navigate patent filings and licensing agreements.
  • Explore US Legal Forms for templates that can assist in managing intellectual property issues.

Quick facts

  • Enacted: 1980
  • Applicable Entities: Universities, small businesses
  • Key Focus: Ownership of inventions from federal funding
  • Government Rights: Non-exclusive license, march-in rights

Key takeaways