Late disclosures of federal funding in US patents

Enacted primarily to encourage patents on federally funded inventions, an additional policy objective of the Bayh-Dole Act is to increase visibility around scientific discoveries made with US government support. The Bayh-Dole Act requires federal grantees to disclose subject inventions to funding agencies and declare government support in their patents. Prior research has shown, however, that hundreds of grantees have failed to declare federal funding in biomedical patents, and others have acknowledged government support several years late through certificates of corrections. Combining data from the National Institutes of Health and the Patent and Trademark Office, this study explores the extent to which grantees have declared government support late through certificates of corrections and likely reasons why this occurred. Over 3000 patents covering federally funded inventions have been corrected to acknowledge government support late, most in recent years. Many of these corrections appear to have been driven by high-profile controversies, changes in the Bayh-Dole regulations, and civil society advocacy. These findings call for policies to encourage timely compliance with invention reporting requirements and to increase the visibility of late acknowledgements of US government funding.

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Publication Details

Journal
Journal of Law and the Biosciences
Published
2025-01-01
DOI
https://doi.org/10.1093/jlb/lsaf012
Primary Topic
Innovation Policy and R&D
Type
article
Field-Weighted Citation Impact
0.00

Funders

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article

Late disclosures of federal funding in US patents

Luis Gil Abinader
Journal of Law and the Biosciences
Innovation Policy and R&D
article

Late disclosures of federal funding in US patents

Luis Gil Abinader
article en

Abstract

Enacted primarily to encourage patents on federally funded inventions, an additional policy objective of the Bayh-Dole Act is to increase visibility around scientific discoveries made with US government support. The Bayh-Dole Act requires federal grantees to disclose subject inventions to funding agencies and declare government support in their patents. Prior research has shown, however, that hundreds of grantees have failed to declare federal funding in biomedical patents, and others have acknowledged government support several years late through certificates of corrections. Combining data from the National Institutes of Health and the Patent and Trademark Office, this study explores the extent to which grantees have declared government support late through certificates of corrections and likely reasons why this occurred. Over 3000 patents covering federally funded inventions have been corrected to acknowledge government support late, most in recent years. Many of these corrections appear to have been driven by high-profile controversies, changes in the Bayh-Dole regulations, and civil society advocacy. These findings call for policies to encourage timely compliance with invention reporting requirements and to increase the visibility of late acknowledgements of US government funding.

Journal of Law and the BiosciencesVol. 12(1)
Georgetown University (US)
National Institutes of Health
Openalex Percentile: Top 81%
Innovation Policy and R&D
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Late disclosures of federal funding in US patents — Luis Gil Abinader · Journal of Law and the Biosciences (2025) | TGRS Research Map | TGRS