Trump Administration Targets Harvard Patents, Aims to Initiate Seizure Process
The White House's "love-hate relationship" with Ivy League universities has added another chapter.
Amid ongoing negotiations with Harvard University, President Trump has once again taken action, threatening to initiate the "mandatory licensing" procedure under the Bayh-Dole Act, to conduct a comprehensive review of the university's thousands of patents. If the review finds that the university is not complying with relevant laws, the federal government will have the authority to take over the ownership of its patents or issue third-party licenses.
U.S. Commerce Secretary Howard Lutnick sent a letter to Harvard University President Alan Garber on Friday (8th), accusing Harvard of failing to comply with laws, regulations, and contractual obligations related to federally funded research projects. Lutnick stated that the Department of Commerce will launch an "immediate comprehensive review" of the intellectual property rights generated by Harvard through federal funding, and requested the university to submit a complete list of patents and proof of compliance by September 5th at the latest.
"The government highly values the scientific and technological breakthroughs driven by collaboration with institutions like Harvard," Lutnick wrote in the letter. "However, this privilege also comes with significant responsibility. Harvard must ensure that the intellectual property produced through federal funding fully complies with the Bayh-Dole Act, related regulations, and our contracts, to maximize the benefits for the American public."
The Bayh-Dole Act was enacted in 1980, granting universities and research institutions the right to retain patent rights over research results obtained through federal funding, provided that the results are properly reported, commercialized, and beneficial to the American people. If it is found that a funded institution fails to fulfill these obligations, the government has the right to exercise mandatory licensing, take over the patents, or issue third-party usage licenses.
In response to the Trump administration's move, Harvard quickly reacted. In a statement to the U.S. media "POLITICO", the university's spokesperson condemned: "This unprecedented action is undoubtedly another retaliation against Harvard's efforts to protect its rights and freedoms."
Harvard stated that it is fully committed to complying with legal requirements and ensuring that the public can benefit from research funded by the federal government. The university emphasized that Harvard's technology and patents cover multiple fields such as biotechnology, pharmaceuticals, and engineering, not only driving industry innovation but also saving countless lives.
According to Harvard's public information, as of July 1, 2024, the university holds more than 5,800 patents and has signed over 900 technology licensing agreements with more than 650 industry partners. In the fiscal year ending in June 2024 alone, Harvard obtained 159 new patents.
Professor Ullrich from Stanford University Law School told The Wall Street Journal that the Trump administration's move is extremely rare. "I have never seen the government actually initiate the seizure of university patents based on the Bayh-Dole Act," she said. She noted that although the Biden administration had considered using the act to regulate drug prices, it ultimately did not implement it.
The "love-hate relationship" between the Trump administration and Harvard is well known. After Trump took office, the two sides engaged in multiple legal battles. The public suspects that this action is related to Harvard's poor handling of anti-Semitic incidents on campus. The Trump administration previously accused the university of not properly addressing the discrimination issues, and has frozen hundreds of millions of dollars in federal research funds. According to a report by The New York Times in mid-July, Harvard has considered paying up to $500 million in settlement fees to resolve the allegations.
Original: www.toutiao.com/article/1840025552551948/
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