Commemorating the 25th Anniversary of Bayh-Dole

James Sensenbrenner recently introduced Concurrent Resolution 319 in the House to recognize the silver anniversary of the Bayh-Dole Act (Public Law 96-517, 35 U.S.C. &#167&#167 200, et seq.; enacted in 1980). The Act, which established a single uniform national policy on the utilization of government-funded inventions, is widely viewed as one of the most effective economic development policies ever enacted. Many credit it as the foundation that enabled the growth of the biotechnology industry.

The thrust of the Act — allowing inventors or their employers to retain patent rights in inventions developed with federal research funds — was indeed a sea change in 1980. As evidence of its scope, consider this: the law eliminated 26 different federal agency policies dealing with the use of the results of federally funded research and development.

Bayh-Dole is not without critics, though. Fortune magazine recently ran an article casting a negative light on the law, arguing that it has turned the nation’s educational institutions into school-corporation beasts that stifle innovation in the pursuit of licensing revenue.

I’ve posted some of my views on the Act (and the Fortune article) before. No matter your view, the Concurrent Resolution is an interesting (and brief) read…it has plenty of positive assessments and (I assume) facts on the effect of the law. You can view and/or download a .pdf of the text as introduced in the House here.