The U.S. Department of Commerce opened a sweeping review of Harvard’s patents tied to federally funded research, signaling a possible invocation of Bayh‑Dole “march‑in” authority. Commerce Secretary Howard Lutnick sent a letter to Harvard President Alan Garber accusing the university of failing to meet obligations to taxpayers and announcing an "immediate comprehensive review" of federally funded inventions. The move centers on patents worth potentially hundreds of millions and revives a provision of the 1980 Bayh‑Dole Act that allows the government to compel licensing of inventions if they are not being made available to the public. Legal and tech‑transfer experts warn that exercising march‑in rights would be unprecedented in 45 years and could unsettle university licensing markets; Harvard and industry lawyers say such a step would set a risky precedent for future federal‑university collaborations. Universities, tech‑transfer offices and corporate licensees are monitoring the review for its implications on commercialization risk and investment in federally sponsored research.
Get the Daily Brief