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National Institute of Standards and Technology (NIST) Issues Update to Bayh-Dole Regulations

from AUTM

Revised Bayh-Dole Act regulations were published this week in the Federal Register. This is a final rule, effective on Monday, May 14.

AUTM, along with colleagues at the Association of American Medical Colleges (AAMC), the Association of American Universities (AAU), the Association of Public Land-grant Universities (APLU), and the Council on Governmental Relations (COGR), tracked these changes and submitted comments.

While these Bayh-Dole Act regulations cover a number of areas, here are a few highlights:
    1. There is a new requirement for employees to assign, by written agreement, invention rights to the contractor - Section 401.14(f)(2).
    2. There is now a requirement for a contractor to file a non-provisional patent application 10 months after filing a provisional. However, there is an automatic one-year extension if requested, unless the agency notifies the contractor within 60 days of the request – Section 401.14(c)(3).
    3. The notification period for contractor decisions not to continue patent prosecution is now 60 days (up from 30) - Section 401.14(f)(3).
    4. There is no longer a 60-day time limit within which a federal agency must make written request to a contractor to convey title, after learning of the failure of the contractor to disclose an invention or elect title within the specified times - Section 401.14(d)(1).
This set of changes is NOT related to the NIST ROI initiative recently unveiled. A Federal Register notice is being prepared for that ROI initiative. more

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