Trump administration moves to seize or license Harvard patents

In a letter to Harvard President Alan Garber, seen by Reuters, Commerce Secretary Howard Lutnick accused the university of breaching legal and contractual obligations tied to its research projects and patents. He said the department had initiated a “march-in” procedure under the Bayh-Dole Act — a 1980 law allowing the government to claim or license patents stemming from taxpayer-funded research to ensure they benefit the public.

Lutnick emphasised the government’s “immense value” on breakthroughs generated through partnerships with institutions like Harvard, but said this carried a “critical responsibility” to ensure federally funded intellectual property was used to maximise benefits for Americans. Harvard has yet to comment.

The move adds to escalating tensions between the White House and Harvard, already locked in a legal battle over billions in frozen federal research funds. The administration has also accused the university of civil rights violations for allegedly failing to address antisemitism on campus.

The Commerce Department has given Harvard until 5 September to provide a full list of patents derived from federal grants, details on their use, and whether any licensing agreements require “substantial U.S. manufacturing.” As of July 2024, Harvard held over 5,800 patents and more than 900 technology licences with 650 industry partners, according to its website.

Other universities have faced similar pressure — Columbia University recently agreed to pay over US$220 million to settle government claims of antisemitism. Reports suggest Harvard may be willing to spend up to US$500 million on a settlement.

While the Bayh-Dole Act, signed by President Jimmy Carter, was intended to boost U.S. industrial innovation and economic health, critics say the administration’s actions against universities are a pretext for exerting federal control, undermining academic freedom and free speech.

Reuters