The Trump administration has escalated its offensive against Harvard University, threatening to strip the school of its lucrative portfolio of patents. In a letter to Harvard President Alan Garber, Commerce Secretary Howard Lutnick accused the university of breaching its legal and contractual requirements tied to federally funded research programs and patents.
Lutnick 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. “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.
The letter demands that Harvard provide within four weeks a list of all patents stemming from federally funded research grants, including how the patents are used and whether any licensing requires “substantial US manufacturing.” Harvard held more than 5,800 patents and had more than 900 technology licenses with over 650 industry partners as of July 2024.
The Trump administration’s move is part of a broader offensive against Harvard, which it has accused of civil rights violations for failing to take steps dictated by the administration in response to accusations that student protests against Israel’s assault on Gaza were antisemitic. Harvard sued in April after the administration began stripping or freezing billions of dollars of federal research money.
Other universities faced with federal research funding losses have signed settlement agreements with the government, including Columbia University, which agreed to pay more than $220m, and Brown University, which agreed to pay $50m. Harvard’s president has reportedly told faculty that a New York Times report that the university was open to spending up to $500m to settle with the government was inaccurate and had been leaked to reporters by White House officials.
Many civil rights experts, faculty, and White House critics believe the Trump administration’s targeting of schools for supposedly failing to address antisemitism is a pretext to assert federal control and threaten academic freedom and free speech. The Bayh-Dole Act, which was signed into law by Jimmy Carter in 1980, allows universities to retain ownership of patents resulting from federally funded research, but also requires them to use the patents to benefit the public.
The administration’s actions have sparked concerns about the potential impact on academic freedom and the ability of universities to conduct research without undue government interference. Harvard has not yet responded to the letter, but the university’s president has emphasized the importance of protecting academic freedom and ensuring that research is conducted without political interference.