The Trump administration has opened an unprecedented investigation into patents held by Harvard University originating from federally funded research. Commerce Secretary Howard Lutnick issued a formal notice to Harvard President Alan Garber requiring a full inventory of all patents developed with federal grants, along with details on licensing arrangements and U.S.-based manufacturing compliance.
Under the Bayh-Dole Act of 1980, the federal government retains “march-in rights” to claim ownership or compel licensing of innovations created through taxpayer-funded projects. While these powers are rarely invoked, the administration has signaled willingness to act if Harvard is found in violation. Harvard holds more than 5,800 patents and maintains partnerships with over 650 industrial entities, making the review potentially worth hundreds of millions of dollars.
The review comes after the administration froze billions in Harvard research funding earlier this year and sharply criticized the university’s handling of antisemitism on campus. Harvard has labeled the patent probe as a retaliatory action that threatens academic independence. Legal analysts note that while the Bayh-Dole Act has been on the books for decades, the government has never before pursued such broad enforcement against a major university.
Stanford Law School professor Lisa Ouellette described the move as “unprecedented” and warned it could reshape the relationship between research institutions and Washington. Administration officials, however, argue that federal oversight is necessary to ensure that taxpayer-funded innovations serve the public interest and bolster domestic industry rather than being monopolized or outsourced.
The deadline for Harvard’s compliance is September 5. Failure to meet the administration’s demands could trigger government intervention to seize or relicense valuable technologies, with significant consequences for university research funding and intellectual property rights nationwide.
