Board of Trustees of Leland Stanford Junior University v. Roche Molecular Systems, Inc.

 
DOCKET NO.
OP. BELOW
SUBJECT
Patent
AUTHOR
Roberts

Question(s) Presented

“Since 1790, the patent law has operated on the premise that rights in an invention belong to the inventor. The question here is whether the University and Small Business Patent Procedures Act of 1980—commonly referred to as the Bayh-Dole Act—displaces that norm and automatically vests title to federally funded inventions in federal contractors.”

Holding

“We hold that it does not. . . . The Bayh-Dole Act does not confer title to federally funded inventions on contractors or authorize contractors to unilaterally take title to those inventions; it simply assures contractors that they may keep title to whatever it is they already have.”

Date
Proceedings and Orders
February 28, 2011