You are viewing this article in the AnnArbor.com archives. For the latest breaking news and updates in Ann Arbor and the surrounding area, see MLive.com/ann-arbor
Posted on Thu, Jun 17, 2010 : 5:40 a.m.

For 30 years, academic innovation has benefited greatly from Bayh-Dole patent act

By Daryl Weinert

This year will mark 30 years since the passage of the “University and Small Business Patent Procedures Act” in 1980 (also known as “Bayh-Dole”, for the two senators who sponsored the legislation, Birch Bayh of Indiana and Bob Dole of Kansas).

This is arguably one of the most significant pieces of legislation that most people have never heard of. The bill was later described by the Economist Technology Quarterly as, “possibly the most inspired piece of legislation to be enacted in America over the past half-century…more than anything, this single policy measure helped reverse America’s precipitous slide into industrial irrelevance.”

The legislation was a fairly simple proposition. Since World War II the federal government had developed a robust system of funding public research at universities and other laboratories. Excellent research was being conducted and thousands of students were being educated. Yet, while the federal government accumulated 30,000 patents over 35 years of funding, only about 1,500 of these patents (5 percent) were commercialized into useful products or processes.

Bayh-Dole changed all of that. The legislation gave title to intellectual property developed from federally funded research to the universities and institutions where the research was conducted in return for having these organizations proactively commercialize these innovations.

The results have been staggering. In 2008 alone, 5,039 technologies were licensed (a 100-fold increase in annual activity from the pre-1980 pace), 648 new commercial products were introduced, and 595 companies were formed. All by harnessing the motivation of inventors and institutions to promote their own work, rather than storing inventions away in bureaucratic limbo. Happy 30th birthday, Bayh-Dole!

Daryl Weinert is the Executive Director of the University of Michigan’s Business Engagement Center. He can be reached at weinert@umich.edu.

Comments

Jeremy

Sat, Jun 26, 2010 : 3:14 a.m.

Glad to see someone writing about this legislation. Any political issues aside Bayh-Dole has easily lead to the proliferation of innovation at research institutions across the country, and even in its most straightforward implementation, the passage of this law incentivizes research for the common good and provides a foundation for robust public-private research partnerships to exist - and dare I say, flourish. When legislation truly bolsters the common good, as it has done here, it is case in point for the expansion of partnership between our public research institutions and the private community.