Bayh–Dole Act

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The Bayh–Dole Act is a landmark 1980 U.S. law that allows universities, small businesses, and other institutions to retain ownership of inventions developed with federal funding, spurring technology transfer and commercialization.


Statements (48)
Predicate Object
instanceOf United States federal law
technology transfer law
allows patenting of inventions arising from federally funded research
retention of title to inventions by contractors
alsoKnownAs Bayh–Dole Act of 1980
amendedBy Technical Corrections to the Bayh–Dole Act
appliesTo contractors receiving federal research funding
nonprofit organizations
small businesses
universities
codifiedIn Title 35 of the United States Code
codifiedSection 35 U.S.C. §§ 200–212
country United States
criticizedFor contributing to commercialization pressures in academia
potentially restricting access to publicly funded research outputs
dateSigned 1980-12-12
effectiveDate 1981-07-01
enactedBy 96th United States Congress
enactedInYear 1980
field intellectual property law
science and technology policy
grants nonexclusive license to the U.S. government
impact commercialization of academic research
expansion of university–industry partnerships
growth of university technology transfer offices
increased university patenting
includesProvision government license to practice the invention
march-in rights
jurisdiction United States federal government
namedAfter Birch Bayh
Bob Dole
objective encourage maximum participation of small business firms
ensure inventions are used in a manner to promote free competition and enterprise
ensure that the government obtains sufficient rights to meet its needs
promote collaboration between commercial concerns and nonprofit organizations
promote utilization of inventions arising from federally supported research
relatedTo Stevenson–Wydler Technology Innovation Act of 1980
federal research and development policy
requires disclosure of subject inventions to federal agencies
preference for U.S. industry in licensing
sharing of royalties with inventors
use of income for research and education
shortTitle Patent and Trademark Law Amendments Act
signedIntoLawBy Jimmy Carter
subjectMatter commercialization of federally funded inventions
ownership of inventions from federal funding
patent rights in federally funded research
technology transfer


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