The Trump administration on Friday ordered a comprehensive review of Harvard University’s federally funded research programs, and threatened to take title to or grant licenses from the school’s lucrative portfolio of patents.
In a letter to University President Alan Garber and obtained by Reuters, Commerce Secretary Howard Lutnick accused Harvard of breaching its legal and contractual requirements tied to the research programs and patents.
Lutnick also said the Commerce Department has begun a “march-in” process under the federal Bayh-Dole Act that could let the government take ownership of the patents or grant licenses.
Signed in 1980, that law ensures that Americans benefit from inventions funded through taxpayer dollars, a senior administration official said.
“The Department places immense value on the groundbreaking scientific and technological advancements that emerge from the Government’s partnerships with institutions like Harvard,“ Lutnick wrote.
He said that carried a “critical responsibility” for Harvard to ensure that its intellectual property derived from federal funding is used to maximize benefits to the American people.
Harvard did not immediately respond to requests for comment.
President Donald Trump has made bolstering the country’s manufacturing and economic competitiveness a priority of his second White House term, including by raising tariffs on imports from dozens of countries.
ADDED PRESSURE
Friday’s letter ratchets up White House pressure on Harvard, which it has accused of civil rights violations for failing to address antisemitism on campus.
Harvard sued in April after the administration began stripping or freezing billions of dollars of federal research money.
Lutnick demanded that Harvard provide by September 5 a list of all patents stemming from federally funded research grants, including how the patents are used and whether any licensing requires “substantial U.S. manufacturing.”
As of July 1, 2024, Harvard held more than 5,800 patents, and had more than 900 technology licenses with over 650 industry partners, according to a university website.
Other schools that have faced federal funding losses have included Columbia University, which last month agreed to pay more than $220 million to settle the government’s antisemitism claims.
The New York Times has said Harvard was open to spending up to $500 million to settle similar claims.
Signed by President Jimmy Carter about six weeks before he left the White House, the bipartisan Bayh-Dole Act was sponsored by Senators Birch Bayh of Indiana and Bob Dole of Kansas.
Carter said at the time it was important that industrial innovation promote U.S. economic health, and the legislation “goes far toward strengthening the effectiveness of the patent incentive in stimulating innovation in the United States.”
Many civil rights experts, faculty and White House critics believe the Trump administration’s targeting of schools is a pretext to assert federal control and threaten academic freedom and free speech. - Reuters
