Patents from federally funded research
Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems
In brief
The Supreme Court left the Federal Circuit’s ruling in place: federal funding alone does not automatically make a university the owner of an invention.
- Where it stands
- Decided
Decided 7-2 · June 6, 2011 · Opinion by Justice Sotomayor
- What it’s about
- Stanford and Roche disputed who owned patents for HIV-test technology developed by Stanford researcher Mark Holodniy, after an agreement with Cetus purported to assign his rights.
- Who it affects
- Federal research funding alone does not automatically make a university the owner of an invention produced with that funding.
Summary: written with AI from the case record.
What it's about
The Supreme Court agreed with the Federal Circuit (affirmed), deciding that the Bayh-Dole Act does not automatically give federally funded inventions to universities or let them take title on their own.
Stanford researcher Mark Holodniy signed an agreement with Cetus that purported to assign his rights. Stanford and Roche later disputed ownership of patents for HIV-test technology.
The Bayh-Dole Act sets rules for patent rights tied to research paid for with federal funds.
Question presented
Must patents on inventions that arise from federally-funded research go to the university where the inventor worked?
What the Court decided
Holding
The Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors or authorize contractors to unilaterally take title to such inventions. 583 F. 3d 832, affirmed.
- Result
- Affirmed
The vote
From the opinions
“In my view, the answer to this question is likely no. But because that answer turns on matters that have not been fully briefed (and are not resolved by the opinion of the Court), I would return this case to the Federal Circuit for further argument.”
What's next
The Federal Circuit’s ruling remains in place. The Supreme Court did not send the case back for further proceedings.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Case Briefing
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AI analysis generated: Impact Analysis
AI analysis generated: Decision Record
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Audio Recording added: Oral Arguments - Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.
Opinion added: Roche
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.