In arguments before the Supreme Court last month, Stanford University claimed that because its research that resulted in three PCR-based test kit patents — which the school alleges Roche Molecular Systems has infringed upon — was partly supported by federal funding, it has superior claim to title under the University and Small Business Patent Procedures Act, better known as the Bayh-Dole Act. Congress enacted Bayh-Dole in 1980 as an amendment to the Patent Act in an effort to protect the intellectual property interests of universities, small businesses, and non-profit organizations.

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