This document is a formal joint letter submitted by several leading associations representing research universities and academic technology transfer professionals—including AAU, APLU, AUTM, AAMC, and COGR—in response to the National Institute of Standards and Technology’s (NIST) proposed regulatory changes concerning the rights to federally funded inventions and the licensing of government-owned inventions (81 FR 78090: RIN 0693-AB63). The signatories highlight the substantial success and positive societal impact of the Bayh-Dole Act in fostering university technology transfer, innovation, economic growth, and public health advancements, citing data on patent filings, startups, and product commercialization to demonstrate the Act’s effectiveness.
While generally supportive of NIST’s intent to enhance technology transfer without undermining Bayh-Dole’s core principles, the associations express several concerns about specific proposed changes, emphasizing the risk of increased administrative burdens and potential negative impacts on innovation and commercialization. Key issues include the proposed extension of notification periods before contractors can abandon patents, which they argue could harm startup formation and commercialization timelines; the lack of clear criteria and minimums for shortening periods for contractors to retain title; and the elimination of defined agency response periods, which could introduce uncertainty into title management. Additional concerns pertain to ambiguities and conflicts in co-inventorship provisions, potential inconsistencies with the American Invents Act affecting provisional applications, expanded agency reporting requirements increasing administrative costs, and the need for harmonized and user-friendly invention reporting systems. The letter also includes detailed responses to specific NIST queries, advocating for streamlined processes, improved training, clearer regulatory language, and non-retroactive application of changes. Overall, the associations request that any regulatory revisions preserve the successful foundation of academic technology transfer in the United States while minimizing unnecessary complexity or disruption.
