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Excerpt from The Bayh-Dole Act, a Review of Patent Issues in Federally Funded Research: Hearing Before the Subcommittee on Patents, Copyrights and Trademarks of the Committee on the Judiciary, United State Senate; One Hundred Third Congress, Second Session on Public Law 96-517; April 19, 1994 Traditional patent policy, as you know very well, provided that the Government would always retain rights to any intellectual property arising from federally-funded research and that only nonexclusive licenses of industry would be permitted. I listed to our former colleague, Russell Long, who was probably the number one champion of maintaining this protection - all of us are concerned about protecting the taxpayer, but when you spend $30 billion and you get very little out of it, I don't think the taxpayers were being defended. By 1978, what we found out when you and your ranking Repub lican, Senator Hatch, and others joined in this effort, was that the Federal Government owned patents and only 5 percent of them were ever licensed. So the Federal tax dollars were really being wasted. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96- 517, Amendments to the Patent and Trademark Act (commonly referred to as the Bayh-Dole Act after its two main sponsors). The act grants patent rights to inventions arising out of government sponsored research and development (R & D) to certain types of entities with the expressed purpose of encouraging the commercialization of new technologies through cooperative ventures between and among the research community, small business, and industry. Patents provide an economic incentive for companies to pursue further development and commercialization. Studies indicate that research funding accounts for approximately one-quarter of the costs associated with bringing a new product to market. Patent ownership is seen as a way to encourage the additional, and often substantial investment necessary for generating new goods and services. In an academic setting, the possession of title to inventions is expected to provide motivation for the university to license the technology to the private sector for commercialization in expectation of royalty payments. The Bayh-Dole Act has been seen as particularly successful in meeting its objectives. However, while the legislation provides a general framework to promote expanded utilization of the results of federally funded research and development, questions are being raised as to the adequacy of current arrangements. Most agree that closer cooperation among industry, government, and academia can augment funding sources (both in the private and public sectors), increase technology transfer, stimulate more innovation (beyond invention), lead to new products and processes, and expand markets. However, others point out that collaboration may provide an increased opportunity for conflict of interest, redirection of research, less openness in sharing of scientific discovery, and a greater emphasis on applied rather than basic research.
Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96- 517, Amendments to the Patent and Trademark Act (commonly referred to as the Bayh-Dole Act after its two main sponsors). The act grants patent rights to inventions arising out of government sponsored research and development (R & D) to certain types of entities with the expressed purpose of encouraging the commercialization of new technologies through cooperative ventures between and among the research community, small business, and industry. Patents provide an economic incentive for companies to pursue further development and commercialization. Studies indicate that research funding accounts for approximately one-quarter of the costs associated with bringing a new product to market. Patent ownership is seen as a way to encourage the additional, and often substantial investment necessary for generating new goods and services. In an academic setting, the possession of title to inventions is expected to provide motivation for the university to license the technology to the private sector for commercialization in expectation of royalty payments. The Bayh-Dole Act has been seen as particularly successful in meeting its objectives. However, while the legislation provides a general framework to promote expanded utilization of the results of federally funded research and development, questions are being raised as to the adequacy of current arrangements. Most agree that closer cooperation among industry, government, and academia can augment funding sources (both in the private and public sectors), increase technology transfer, stimulate more innovation (beyond invention), lead to new products and processes, and expand markets. However, others point out that collaboration may provide an increased opportunity for conflict of interest, redirection of research, less openness in sharing of scientific discovery, and a greater emphasis on applied rather than basic research.
Since the early 1980s, universities in the United States have greatly expanded their patenting and licensing activities. The Congressional Joint Economic Committee, among other authorities, have argued that this surge contributed to the economic boom of the 1990s. And, many observers have attributed this trend to the Bayh-Dole Act of 1980. Using quantitative analysis and detailed case studies, this book tests that conventional wisdom and assesses the effects of the Act, examining the diverse channels through which commercialization has occurred over the 20th century and since the passage of the Act.
At head of title: 85th Cong., 2d sess. Committee print. Bibliography: p. 81-86.
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Recipients of fed. research funds have the option to retain patents on any inventions they create using fed. funds. The gov¿t. has the right to ensure that the public benefits from these fed. research investments. One of these rights is known as the ¿march-in¿ authority (MIA), which allows fed. agencies to take control of a patent when they have credible info. that certain conditions described in the act have been met. This report reviewed: (1) the policies and procedures used to determine whether MIA should be exercised; (2) how the MIA has been used; and (3) what barriers and disincentives have been encountered in exercising the MIA. Four agencies accounted for 89% of fed. research funding: DoD, DoE, NASA, and NIH.