Brian Brunsvold
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Attorney, Washington, D.C., USA

John C. Paul
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Attorney, Washington, D.C., USA

BAYH-DOLE DOES NOT AUTOMATICALLY GRANT UNIVERSITIES OWNERSHIP OF FEDERALLY FUNDED INVENTIONS OF THEIR EMPLOYEESThe ownership of patents rights developed with federal funding at small businesses and universities is dictated by the Bayh-Dole Act of 1980, 35 U.S.C. § 202(a). Specifically, the Bayh-Dole Act gives universities the right to “elect to retain title” to patents on inventions generated through federal funding. Most universities draft employee contracts so that they automatically obtain patent rights to inventions created by their employee through federal funding.