This publication discusses one of the most influential pieces of legislation relating to technology transfer in the United States: The Bayh-Dole Act. The publication discusses the history that led to the groundbreaking Act, characterizes strengths and weaknesses of the Act from an economic and a policy standpoint, and details the recent Supreme Court Stanford v. Roche case, which may carry implications to technology transfer in the future. The publication also compares technology transfer and the Bayh-Dole Act to technology transfer in other developed and developing countries, comparing and contrasting the technology transfer schemes. Joel Gotkin is an attorney at a large full-service Intellectual Property law firm based near Washington, DC. Joel currently handles the full spectrum of patent prosecution for both domestic and international clients. Joel prosecutes patents in the mechanical, electronic and chemical arts, including patents relating to aircraft and automobiles. Joel's research interests lie in technology licensing, specifically relating to universities and pharmaceutical companies.

Since the early 1980s, universities in the United States have greatly expanded their patenting and licensing activities. The Congressional Joint Economic Committee, among other authorities, have argued that this surge contributed to the economic boom of the 1990s. And, many observers have attributed this trend to the Bayh-Dole Act of 1980. Using quantitative analysis and detailed case studies, this book tests that conventional wisdom and assesses the effects of the Act, examining the diverse channels through which commercialization has occurred over the 20th century and since the passage of the Act.

Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96- 517, Amendments to the Patent and Trademark Act (commonly referred to as the Bayh-Dole Act after its two main sponsors). The act grants patent rights to inventions arising out of government sponsored research and development (R & D) to certain types of entities with the expressed purpose of encouraging the commercialization of new technologies through cooperative ventures between and among the research community, small business, and industry. Patents provide an economic incentive for companies to pursue further development and commercialization. Studies indicate that research funding accounts for approximately one-quarter of the costs associated with bringing a new product to market. Patent ownership is seen as a way to encourage the additional, and often substantial investment necessary for generating new goods and services. In an academic setting, the possession of title to inventions is expected to provide motivation for the university to license the technology to the private sector for commercialization in expectation of royalty payments. The Bayh-Dole Act has been seen as particularly successful in meeting its objectives. However, while the legislation provides a general framework to promote expanded utilization of the results of federally funded research and development, questions are being raised as to the adequacy of current arrangements. Most agree that closer cooperation among industry, government, and academia can augment funding sources (both in the private and public sectors), increase technology transfer, stimulate more innovation (beyond invention), lead to new products and processes, and expand markets. However, others point out that collaboration may provide an increased opportunity for conflict of interest, redirection of research, less openness in sharing of scientific discovery, and a greater emphasis on applied rather than basic research.

This collection of papers—by American and Russian specialists—addresses a variety of legal, regulatory, institutional, and financial issues that can promote or hinder technology commercialization. The book is the result of a series of workshops organized by the National Research Council with the Russian Academy of Sciences on commercialization of technologies, particularly those developed at research and educational institutions. Technology Commercialization concludes with a list of actions, programs, and policies which warrant further consideration as Russia tries to improve the success of technology commercialization. This book will be of interest to those concerned with small-business development in post-communist states, university technology management, and comparative technology commercialization.

The Effectiveness of University Technology Transfer reviews the numerous studies of the effectiveness of university technology transfer and presents recommendations on how to enhance effectiveness.

At head of title: 85th Cong., 2d sess. Committee print. Bibliography: p. 81-86.