The Trump administration is threatening the status of Harvard University’s lucrative patents as it continues to engage in hardball negotiations with the Ivy League school.
Commerce Secretary Howard Lutnick declared Friday that the administration is launching an immediate review of the intellectual property Harvard has derived from federally funded research grants, in what amounts to yet another display of White House power over higher education institutions.
The administration’s review will center on its authority under the Bayh-Dole Act of 1980, and could spark a process where the federal government could claim ownership of a university’s patents or issue licenses to third parties for those patents, according to a senior administration official.
“The Department places immense value on the groundbreaking scientific and technological advancements that emerge from the Government’s partnerships with institutions like Harvard,” Lutnick said in a letter to Harvard President Alan Garber that was obtained by POLITICO.
“However, this privilege carries with it a critical responsibility for Harvard to ensure that intellectual property derived from federal funding aligns with the Bayh-Dole Act, its associated regulations, and our contractual agreements, thereby maximizing the benefits to the American public.”
Lutnick said the administration is launching the review to address what he asserted was Harvard’s failure to comply with federal disclosure and manufacturing requirements, among other concerns.
The Commerce Department is demanding that Harvard provide the government with a list of all patents derived from federally funded research grants, and information that proves its compliance with federal rules and contractual agreements, no later than Sept. 5.
Harvard did not immediately respond to a request for comment.
