United States:
Licensing Technology Developed with Public Funds: Should Patent Assertion Entities Receive Exclusive Licenses to Federally Owned Patents?
27 January 2017
WilmerHale
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Co-author: Sean Reilly, general
counsel of Askeladden and senior vice president and associate
general counsel of The Clearing House (TCH) Payments Company, where
he directs intellectual property issues.
When it passed the Bayh-Dole Act in 1980,1 Congress
aimed to "promote the utilization of inventions arising from
federally supported research or development."2 The
act's better-known provisions permit universities, small
businesses, and nonprofit institutions that use federal funds for
research to retain title to patents on inventions discovered
through that research.3 But for patents that the United
States owns, the act also explicitly authorizes federal agencies to
issue nonexclusive, exclusive, and partially exclusive licenses if
certain conditions are met.
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Originally published by ABA Section of Intellectual Property
Law, Landslide Magazine
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