Bob Dole Likes University Patents with Federal Funds

Fortune.com has an extensive article entitled"The Law of Unintended Consequences" that explores the Bayh-Dole Act of 1980 (codified: 35 USC § 200-212; implemented: 37 CFR 401 "RIGHTS TO INVENTIONS MADE BY NONPROFIT ORGANIZATIONS AND SMALL BUSINESS FIRMS UNDER GOVERNMENT GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS") and it's role in the birth of the biotech industry, the profitability of Universities and their research staff, and the decline of many aspects of truely novel innovation. This act allows universities, small businesses, and non-profits to retain title to inventions that arise in the course of federally-funded research.

Sounds noble, right? In practice, however, this has led to a focus on revenue as the motivation for "technology transfer" from the "scientific community" to "industry," and eventually to the general public. Patent portfolios, license fees, and IP litigation are now staples of the University research diet -- even when your tax dollars are used to pay for a significant portion of the research. "Publish or perish" has practically turned into "Patent or perish" in many fields -- try not to puke on your shoes while you think about the implications and consequences...