Supreme Court to Decide on Ownership of University Patents
March 1, 2011
On Monday, the Supreme Court heard arguments concerning whether or not patents on inventions that stem from federally funded research must be awarded to the university where the inventor worked. The case involves Stanford University researcher Mark Holodniy, who developed technology that detects HIV levels in a patient's blood. Holodniy also was under contract to Roche; that agreement gave the company the patent to anything that resulted from the collaboration. Citing the 1980 Bayh-Dole Act, which allows universities to retain the rights to federally funded research, Stanford claims it owns the technology. A federal appeals court made Roche and Stanford co-owners. The Supreme Court is expected to decide on the case, Stanford University v. Roche, 09-1159, by June.
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