DePaul University Research Services > Technology Transfer > Bayh-Dole

Bayh-Dole

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Bayh-Dole Guidance for Faculty

The Bayh-Dole Act is U.S. legislation governing intellectual property rights in inventions resulting from federally funded research. It allows universities and other eligible institutions receiving federal funding to elect to retain ownership of inventions developed through that research, rather than requiring inventors to assign ownership to the federal government.​

If a potentially patentable invention may have resulted from federally funded research, disclose it to DePaul promptly during the pendency of the grant and ideally before publishing, presenting, selling, or otherwise sharing it publicly. Early disclosure gives the university time to review the funding terms and consider patent protection.  To disclose your invention to DePaul, see this launch your innovation link, which links to DePaul’s invention disclosure form (officially referred to as the ORS Internal Application for Patent Funding).

 

1

Disclose

Tell ORS about the invention and identify related grants or contracts, using the ORS TTO Invention Disclosure Form (entitled ORS Internal Application for Patent Funding) and submit to academicinnovation@depaul.edu

2

Review

DePaul reviews the invention, funding source, and disclosure plans.

3

Report

DePaul handles any required federal reporting, including iEdison.

4

Decide

DePaul evaluates title, patent protection, licensing, and commercialization.
  • ​Contact the Office of Research Services as soon as you recognize a potentially patentable invention.
  • Identify every grant, contract, or other agreement that may have supported the work.
  • Share any planned publication, presentation, public demonstration, sale, or online posting dates.
  • Keep records of who contributed to the invention and when the key ideas were developed.

Consider contacting ORS/TTO before public disclosure if you have concerns over IP rights. A manuscript, conference presentation, poster, website, public demonstration, offer for sale, or nonconfidential discussion can affect patent rights. ORS can coordinate review with your publication schedule.

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Bayh-Dole Act Frequently Asked Questions:

No. Bayh-Dole does not automatically transfer an inventor's rights to a university. Under DePaul's Discovery and Copyright Policy, however, the university has a right of first refusal to take title when a discovery results from federally funded research. DePaul reviews the disclosure and decides whether to take title and pursue commercialization.

Disclose a new or improved process, machine, device, material, composition, software-enabled invention, or other potentially patentable development if federal funding may have supported its conception or first actual reduction to practice. You do not need to decide whether it legally qualifies as a subject invention before contacting ORS (but the above form provides some guidance on this).

No. Faculty should disclose the invention internally using the form noted above. DePaul determines whether federal reporting is required and coordinates the institutional iEdison submission. The federal reporting timeline generally begins when responsible university personnel receive the inventor's written disclosure, so prompt internal disclosure matters.

Usually, yes. Contact ORS before the planned public disclosure so the university can consider whether a patent filing or another protective step is appropriate. Early coordination is intended to support both dissemination and protection of the work.

DePaul reviews the invention, the funding agreement, potential ownership, patentability, and possible paths to use or commercialization. The university may pursue patent protection, consider licensing, decide not to retain title, or discuss another approach with the inventor. Any transfer of rights may require federal agency approval and may remain subject to federal obligations.

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Sources and Additional Guidance