Number: RL32076
Title: The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology
Authors: Wendy H. Schacht, Resources, Science, and Industry Division 
Abstract: This paper discusses the rationale behind the passage of P.L. 96-517, its provisions, and implementation of the law. Observers generally agree that the Bayh- Dole Act has successfully met its objectives. However, some experts argue that the issues associated with the law's patent policies should be revisited given the current R&D environment. Much of the renewed interest is a result of the legislation's effect on the biotechnology and pharmaceutical industries where critics assert that the private sector is receiving benefits to the detriment of the public interest. Other analysts, particularly in the defense arena, maintain that the existing rights maintained by the government are too restrictive and prevent industry from meeting national needs. Many of these issues and concerns are similar, if not identical to those addressed during the 15 to 20 years of deliberation prior to enactment of the law. These too are explored to provide a context for current discussions.
Pages: 27
Date: April 3, 2008