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DOC/NIST RIN: 0693-AB66 Publication ID: Fall 2022 
Title: Updates to Bayh-Dole Implementing Regulations 
Abstract:

The revisions will add language to provide additional clarity in subject invention and utilization reporting requirements, U.S. industry preference, and other regulations that impact the transfer of technology from federally funded research and development. The final rule aims to improve the transition of federally funded innovations from the laboratory to the marketplace by reducing the regulatory burdens for technology transfer.

 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 37 CFR 401    37 CFR 404    37 CFR 501   
Legal Authority: 37 U.S.C. 206 et seq.   
Legal Deadline:  None

Statement of Need:

This rule would revise the Bayh Dole Act implementing regulations in order to make technical corrections; reorganize certain subsections; remove outdated and/or unnecessary sections; improve reporting by federal agencies; and provide clarifications.

Summary of the Legal Basis:

The rule revisions would be promulgated under the University and Small Business Patent Procedures Act of 1980, Public Law 96-517 (as amended), codified at 35 U.S.C. 200 et seq., commonly known as the Bayh-Dole Act or Bayh-Dole.

Alternatives:

There are not alternatives to this rule. 

Anticipated Costs and Benefits:

The action would remove duplicative text, streamline the implementing regulations, and reduce regulatory burdens, all at no additional cost.  

Risks:

There are no applicable risks to this rule.

Timetable:
Action Date FR Cite
NPRM  01/04/2021  86 FR 35   
NPRM Comment Period End  04/05/2021 
Final Action  12/00/2022 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Henry N. Wixon
Chief Counsel for NIST
Department of Commerce
National Institute of Standards and Technology
100 Bureau Drive, Stop 1052,
Gaithersburg, MD 20899-1052
Phone:301 975-2803
Fax:301 926-6241
Email: henry.wixon@nist.gov