NIST Updates Tech Transfer, Licensing Rules for Innovations Under Government-Funded R&D

The National Institute of Standards and Technology has updated regulations related to technologies that universities, large and small businesses, nonprofits and laboratories invent as part of federally funded research and development.

NIST said Tuesday changes to Code of Federal Regulations sections that cover the 1980 Bayh-Dole Act are anticipated to impact the licensing of government-owned inventions by R&D funding recipients and also enhance technology transfer efforts.

“The Bayh-Dole Act is a key element of U.S. innovation, and the changes conform its rules to current patent laws, improving our ability to move innovative technologies to the marketplace, where they can create jobs and keep U.S. companies competitive,” said NIST Director Walter Copan.

The agency’s new rule mainly applies to projects under government grants, contracts and cooperative agreements executed after Monday and works to streamline electronic reporting, enable automatic extensions for non-provisional patent applications as well as allow the funded entity to utilize its Cooperative Research and Development Agreement with a federal laboratory to support a license application.

NIST added the updates are in line with the lab-to-market Cross Agency Priority and information technology modernization targets under the President’s Management Agenda.

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