The Role of the Bayh-Doyle Act in Fostering Technology Transfer and Implications for Innovation

The Bayh-Dole Act (commonly referred to simply as “Bayh-Dole” and codified at 35 U.S.C. §§ 200-211) created the uniform framework that facilitates orderly and efficient technology transfer from universities and other institutions receiving government research funding to the private sector. Bayh-Dole allows universities and other institutions to own title to the patents arising directly from their research activities. This paper focuses specifically on the contributions of Bayh-Dole in fostering technology transfer in the life sciences and current threats to this robust framework.