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Research@UIC >
Technology Transfer > Inventor
Services > Policies >
Bayh-Dole
Act
Key Provisions of the Bayh-Dole Act
- Unless the agency informs the
university at the time funding is provided that the agency will retain
title to inventions derived from the projects
funded because of specifically identified "exceptional circumstances" or
other specified conditions, the university is entitled to retain ownership
of any inventions created as a result of the funding.
- The university must disclose to appropriate federal agency any invention
created with the use of federal funds within 2 months of the date the
inventor discloses the invention in writing to the university.
- To retain ownership, the university generally must notify the agency
of its election to retain title within 2 years of the date of disclosure.
When publication,
sale, or public use has initiated the 1-year statutory period in which
valid patent protection can be obtained in the United States, the agency
may shorten
the period of election to not more than 60 days prior to the end of
the statutory period.
- The university must provide the U.S. government a nontransferable, irrevocable,
paid-up, nonexclusive license ("confirmatory license") to use
the invention.
- The university must attempt to develop the invention. Otherwise, the
government retains the right to take control of the invention. The government
also may
take control of the invention for other reasons, such as a need to
alleviate health or safety concerns. This provision is referred to in
the law as the
government's "march-in" rights.
- In granting licenses to use the invention, the university generally
must give priority to small businesses.
- When granting an exclusive license, the university must ensure that
the invention will be "manufactured substantially" in the United
States.
- The university must share a portion of the royalties with the inventor(s).
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