WASHINGTON, D.C. — The Trump administration is threatening to seize control of patents held by Harvard University that were developed with federal research funding, citing violations of the Bayh-Dole Act. In a letter to Harvard President Alan Garber, Commerce Secretary Howard Lutnick demanded a full accounting by Sept. 5 of all university patents supported by taxpayer money.
The move marks the latest escalation in tensions between the administration and the Ivy League institution. Lutnick accused Harvard of failing to meet its legal obligations under the Bayh-Dole Act, a 1980 law that governs how inventions stemming from federally funded research are disclosed and commercialized.
Under the law, universities and inventors must disclose which patents are linked to federal grants and demonstrate that products resulting from those inventions are substantially manufactured in the U.S. The law also allows the government to “march in” and grant licenses to third parties — or take ownership of patents — if the original holder fails to comply.
“The U.S. government intends to initiate the ‘march-in’ process for patents where Harvard failed to disclose or elect title in a timely manner,” Lutnick wrote. “The American people deserve to benefit from the innovations they helped fund.”
The Commerce Department’s move could affect hundreds of millions of dollars in patents and technology developed at Harvard, particularly in the fields of science and medicine. The university is reportedly in discussions over a potential $500 million settlement and could face the loss of more than $2.6 billion in federal research grants.
Harvard has filed a federal lawsuit against the administration, claiming the revocation of funding violates its constitutional rights. A university spokesperson condemned the latest action as politically motivated.
“This unprecedented action is yet another retaliatory effort targeting Harvard for defending its rights and freedom,” the spokesperson said. “Technologies and patents developed at Harvard are life-saving and industry-redefining. We remain committed to complying with the Bayh-Dole Act and ensuring public access to the benefits of federally funded research.”
The dispute follows a similar case involving Columbia University, which recently regained $400 million in grant funding after agreeing to a $200 million settlement over civil rights violations. Columbia also accepted an independent monitor to oversee campus compliance with federal anti-discrimination laws, including Titles VI, VII, and IX, and handed disciplinary authority over protest-related incidents to the university provost.
More than $20 million in damages were reportedly paid to Jewish faculty and staff at Columbia following findings of workplace discrimination.
Harvard, with an endowment exceeding $53 billion — more than triple Columbia’s — has become a central focus of the Trump administration’s broader scrutiny of elite academic institutions and their handling of federal funding and campus activism.
