Dr. Alan Ehrlich will be presenting Ramifications of Stanford v. Roche for Invention Assignments and Technology Transfer at the ACS National Meeting in Denver on September 1, 2011. The synopsis of this presentation is as follows:
The Bayh-Dole Act of 1980 provided that universities, non-profit organizations and small businesses who received government funds had first rights to retain ownership of and income from patents conceived or reduced to practice with the government funds. The inventors could retain the rights only if the funded organization and the government waived their rights. Until recently, No case prior to this one has dealt with whether the inventor had the rights initially or whether the contractor or grantee owned the rights initially. An inventor who moved from Stanford to Roche explicitly assigned his rights to Roche and the legal dispute has proceeded through the courts. The Supreme Court took the case and heard arguments in early 2011. The history of the issue and the case will be discussed as well as the ramifications of the decisions.