Overview and Impact of the Bayh-Dole Act

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Overview and Impact of the Bayh-Dole Act
Description (Dublin Core)
A summary from 1996 looking back at the positive impact the Bayh-Dole Act had on jobs and universities since its implementation in 1980.
Date (Dublin Core)
1996-02-07
Date Created (Dublin Core)
1996-02-07
Congress (Dublin Core)
104th (1995-1997)
Policy Area (Curation)
Science, Technology, Communications
Creator (Dublin Core)
Dole, Robert J., 1923-2021
Record Type (Dublin Core)
summaries
Language (Dublin Core)
eng
Collection Finding Aid (Dublin Core)
https://dolearchivecollections.ku.edu/index.php?p=collections/findingaid&id=81&q=
Physical Location (Dublin Core)
Institution (Dublin Core)
Robert J. Dole Institute of Politics, University of Kansas, Lawrence, KS
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This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu

02/07/96 WED 10:51 FAX 888888888888 2222222222222 002

THE BAYH-DOLE ACT

OVERVIEW
In 1980, Congress amended the Patent and Trademark Act with what is commonly referred to as the Bayh-Dole Act. In short, the Act gave universities title to patents they developed with federal dollars. In turn, universities could develop licensing arrangements with industry.

Prior to Bayh-Dole, technology transfer from universities to the public sector was virtually nonexistent, as there was no clear government policy regarding ownership of inventions made with federal dollars. It was bad business to base a product on a federal patent when that patent conveyed no rights. Especially, when one factors in that R&D represented less than 25% of the total cost necessary to bring a new product to market. As a result, the public was denied access to new medicines and technologies derived from federally-funded research.

Bayh-Dole is credited with helping create the Biotech Industry. In addition to making possible the development of new drugs and treatments of diseases, it has also created a better economic environment by providing the incentive needed to develop new companies with high-paying professional jobs. In simple terms, the Act has made a national resource more accessible and thereby has sparked innovation, job growth, and public good.

IMPACT OF BAYH-DOLE ACT
According to Dr. Allan L. Goldstein, Chairman of George Washington Universities Department of Biochemistry and Molecular Biology, the economic impact of the Act as of 1994 resulted in the creation of markets of between $9 and 13 billion dollars in product sales, between 50,000 and 100,000 new jobs, and federal, state, and local tax revenues of over $2 billion.

- In the 1980's, 25% of university patents were biomedical or health related inventions -- Compare that with 8% in the 1970's.
- In 1981, universities were issued less than 250 patents per year. A decade later, that number jumped to 1,600 and almost 80% of these were through federally-funded research.
- Industrial support for University research has jumped from 2% to more than 10% in the last decade and is continuing to grow.
- Licensing arrangements provide universities with royalties that can be plowed back into research -- $350 million last year alone.
- It has also put some in a position to be philanthropists. Dr. Herbert Boyer, a professor and UC San Francisco School of Medicine, and co-founder of Genentech, recently gave his home university $25 million -- the largest gift in the school's history.

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