Administration led by Trump takes aim at Harvard's intellectual properties
The Trump administration and Harvard University are currently embroiled in a significant and escalating dispute over patents derived from federally funded research. The U.S. Commerce Department, led by Secretary Howard Lutnick, has initiated a formal investigation into Harvard’s patents under the Bayh-Dole Act's "march-in rights" provision.
The march-in process allows the government to assume ownership or authorize licenses for patents if an institution is not complying with Bayh-Dole obligations, such as timely disclosure or manufacturing requirements under federal funding agreements. This move is rare, as march-in rights have never before been exercised by the federal government, and past requests for such action have been bipartisanly rejected.
The dispute is part of a broader conflict between the administration and Harvard University, including halted federal funding to the school since April 2025 and ongoing lawsuits from Harvard in response to the freeze. Negotiations for an out-of-court settlement have stalled, with the Trump administration pushing for a major financial payment from Harvard, while university officials deny considering such a settlement.
Education Secretary Linda McMahon expressed optimism about the prospects of a deal with Harvard to restore funding to the school and drop lawsuits and investigations. However, McMahon also pointed to the departure of the heads of the university's Middle Eastern Studies center as a positive step.
If Harvard has failed to disclose or patent its inventions, the federal government could take ownership of the patents or grant third-party licenses under the Bayh-Dole Act's "march-in" process. This could potentially have significant consequences for Harvard University, including the loss of intellectual property rights and federal funding.
The Trump administration has recently struck multimillion-dollar agreements with Columbia and Brown universities, but the dispute with Harvard marks a new escalation in the relationship between the administration and the prestigious Ivy League institution.
In a phone interview with CNN last month, Secretary McMahon stated her hope that Harvard will continue to come to the table for negotiations to resolve the dispute outside of the courts. Harvard University has sent signals that it is willing to work with the Trump administration, such as the disappearance of websites for Harvard College centers serving minority and LGBTQ students and women, which was viewed as a goodwill gesture by the White House.
The letter regarding this dispute was written by Commerce Secretary Howard Lutnick to Harvard President Alan Garber. The Trump administration has also targeted Harvard University's ability to host international students. The dispute remains in an active investigation phase, with formal government steps to potentially exercise march-in rights under the Bayh-Dole Act. Harvard is contesting this approach, and the dispute is entwined with broader political and funding conflicts between the administration and the university.
- The escalating dispute between the Trump administration and Harvard University, encompassing matters of politics, finance, business, and general-news, extends beyond patents to include halted federal funding and ongoing lawsuits.
- The exercise of march-in rights by the federal government under the Bayh-Dole Act's provision could have significant repercussions for Harvard University, potentially leading to the loss of intellectual property rights and federal funding, thereby influencing the broader landscape of politics and education.
