Inventors Get 1st Dibs On Gov't-Funded IP: High Court

Law360, New York (June 6, 2011, 5:49 PM EDT) -- The U.S. Supreme Court decided Monday that federal contractors do not gain automatic patent rights to federally funded inventions because inventors get the first claim, handing a win to a Hoffmann-La Roche Ltd. unit in a closely watched case.

In a 7-2 opinion, the high court determined that the Bayh-Dole Act — which allows universities, nonprofits and small-business contractors to retain rights to federally funded inventions, with the aim of commercializing the technology — merely clarifies the priority of rights between the government and the contractor...
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