The Trump administration is threatening the status of Harvard University's lucrative patents as it continues to engage in hardball negotiations with the Ivy League school.
Commerce Secretary Howard Lutnick declared Friday that the administration is launching an immediate review of the intellectual property Harvard has derived from federally funded research grants, in what amounts to yet another display of White House power over higher education institutions.
The administration's review will center on its authority under the Bayh-Dole Act of 1980, and could spark a process where the federal government could claim ownership of a university's patents or issue licenses to third parties for those patents, according to a senior administration official.
"The Department places immense value on the groundbreaking scientific and technological advancements that emerge from the Government's partnerships with institutions like Harvard," Lutnick said in a letter to Harvard President Alan Garber that was obtained by POLITICO.
"However, this privilege carries with it a critical responsibility for Harvard to ensure that intellectual property derived from federal funding aligns with the Bayh-Dole Act, its associated regulations, and our contractual agreements, thereby maximizing the benefits to the American public," the secretary added.
Lutnick said the administration is launching the review to address what he asserted was Harvard's failure to comply with federal disclosure and manufacturing requirements, among other concerns.
The university defended its research enterprise and denounced the Trump administration's tactic on Friday.
"This unprecedented action is yet another retaliatory effort targeting Harvard for defending its rights and freedom," a university spokesperson said in a statement to POLITICO.
"We are fully committed to complying with the Bayh-Dole Act and ensuring that the public is able to access and benefit from the many innovations that arise out of federally funded research at Harvard."
The government expanded its ability to potentially determine Harvard is not making a good faith effort to commercialize research underpinned by federal dollars during Trump's first presidency.
Federal regulators in 2018 eliminated a time limit for the government to seek ownership of an invention if researchers did not comply with the law's disclosure requirements.
The Commerce Department is demanding that Harvard provide the government with a list of all patents derived from federally funded research grants, and information that proves its compliance with federal rules and contractual agreements, no later than Sept. 5.
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