The Department of Commerce is initiating a "march-in" process under the Bayh-Dole Act, a federal patent policy allowing recipients of federal funds to retain patent rights over their inventions made with federal funding.

The Act's "march-in" rights, however, give the federal government the authority to grant licenses of such patents to third parties under certain conditions where federally funded inventions are not being adequately developed or utilized for the public good.

In the letter, Lutnick said that Harvard has "failed to live up to its obligations to the American taxpayer and is in breach of the statutory, regulatory, and contractual requirements tied to Harvard's federally funded research programs and intellectual property arising therefrom, including patents."

As a result, Naveen Athrappully reports for The Epoch Times that the Department of Commerce is initiating a comprehensive review of the institution's non-compliance, and will initiate the Bayh-Dole Act "march-in" process through which Harvard's federally-funded patents could be taken over by the government.

Lutnick said that the federal government intends to license Harvard's patents to third parties.

March-in rights under the Bayh-Dole Act have not been exercised by any federal agency in the 40 years since its enactment.

In an emailed statement to The Epoch Times, a Harvard spokesperson said, "This unprecedented action is yet another retaliatory effort targeting Harvard for defending its rights and freedom. Technologies and patents developed at Harvard are life-saving and industry-redefining.

"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."

This is the latest escalation in a series of government actions taken against Harvard since Trump took office. The federal government has accused Harvard of anti-Semitism, non-disclosure related to foreign funding, and race-based discrimination.

According to Harvard's website, the university held over 5,800 patents as of July 1, 2024, and had more than 900 active technology licenses with 650-plus industry partners.