Government Use of IP: Webinar Offering of AUTM 2020 Panel
Government Use of Federally Funded IP: It’s Not as Simple as You Think
Wed., March 11, 2020 • Recording available here
The Bayh-Dole Act provides the federal government with a “nonexclusive, nontransferable, irrevocable, paid-up license” to technologies developed with federal funding. But this provision is not as simple and straightforward to follow as you might think. Questions abound when your licensee’s products containing your federally funded IP are purchased by government customers:
- Should the licensee deduct the royalty from the sales price when selling to the federal government?
- What if the customer is a state or local government?
- What if the customer is a foreign government that has a treaty with the United States?
- What if the licensee’s product becomes a component within another company’s line of products that the federal government buys?
- What about IP where the federal government appears to be the only potential customer? Should you even bother patenting it? What are the pros and cons?
This webinar answers these and many other questions as well as provide practical advice for structuring agreements involving federally funded IP. We discuss the limits and exceptions to the federal government’s rights in each scenario as well as how to think through the tech transfer office’s obligations.
- Dr. Zane Gernhart, University of Nebraska–Lincoln
- Cheryl Horst, University of Nebraska–Lincoln
- Dr. Michael Paulus, Oak Ridge National Laboratory
- Laura Schoppe, Fuentek (moderator)