The latest phase of the Trump administration’s offensive against Harvard University is a comprehensive review of the university’s federally funded research programs, and the threat to strip the school’s lucrative portfolio of patents.
In a letter to the Harvard president, Alan Garber, posted online on Friday, Donald Trump’s commerce secretary, Howard Lutnick, accused Harvard of breaching its legal and contractual requirements tied to federally funded 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.
“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.
Friday’s letter ratchets up White House pressure on 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.
In his letter, Lutnick demanded 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”.
As of 1 July 2024, Harvard held more than 5,800 patents, and had more than 900 technology licenses with over 650 industry partners, according to the Harvard Office of Technology Development.
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 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.
The bipartisan Bayh-Dole Act was sponsored by senators Birch Bayh of Indiana and Bob Dole of Kansas and signed into law by Jimmy Carter near the end of his term.
Carter said at the time it was important that industrial innovation promote US 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 for supposedly failing to address antisemitism is a pretext to assert federal control and threaten academic freedom and free speech.
