[Ip-health] Bayh-Dole at 30: Failing Live Up to the Positive Rhetoric

Krista Cox krista.cox at essentialmedicine.org
Tue Dec 14 11:55:28 PST 2010


December 12, 2010 marked the thirtieth anniversary of the Bayh-Dole
 Although the Act is the subject of soaring positive rhetoric (i.e., "This
legislation changed fundamentally the way America develops technologies from
federally funded university research and effectively secured the country's
leadership position in innovation."), an in depth look at the effects of
Bayh-Dole over the past thirty years illustrates some of the pitfalls of
these claims.

The Bayh-Dole Act did less for innovation than many of its proponents claim.
 Furthermore, while many evaluate the Act's success based on the volume of
patents and licensing, these metrics do not adequately measure innovation.
 Patents can hinder further research and development and the Bayh-Dole model
is increasingly out of date, ignoring new alternatives that can promote
innovation while simultaneously promoting the public interest.

UAEM's analysis of the claims regarding the Bayh-Dole Act is available

Krista Cox
Staff Attorney
Universities Allied for Essential Medicines

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