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The Enactment of Bayh--Dole

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  • Ashley J. Stevens

Abstract

The Bayh--Dole Act of 1980 reversed 35 years of public policy and gave universities and small businesses the unfettered right to own inventions that resulted from federally funded research. The Act was opposed by the Carter administration, which had a different view of how to utilize the results of federally funded research to drive economic development. It is not widely appreciated that the bill had died in the regular sessions of the 96th Congress and was only passed into law in a lame duck session necessitated to pass the budget. Only a magnanimous gesture of respect for Senator Birch Bayh, who had been defeated in the 1980 election, on the part of Senator Russell Long allowed the bill to receive the unanimous consent needed to pass a bill in lame duck session. This article lays out the roles of the key congressional staffers who forged this historic compromise and the last minute maneuvers needed to obtain President Carter's signature.

Suggested Citation

  • Ashley J. Stevens, 2004. "The Enactment of Bayh--Dole," The Journal of Technology Transfer, Springer, vol. 29(1), pages 93-99, January.
    • Handle: RePEc:kap:jtecht:v:29:y:2004:i:1:p:93-99
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    Cited by:

    1. Link, Albert N. & van Hasselt, Martijn, 2019. "On the transfer of technology from universities: The impact of the Bayh–Dole Act of 1980 on the institutionalization of university research," European Economic Review, Elsevier, vol. 119(C), pages 472-481.
    2. Albert N. Link & John T. Scott, 2013. "Employment growth from public support of innovation in small firms," Chapters, in: Public Support of Innovation in Entrepreneurial Firms, chapter 3, pages 41-64, Edward Elgar Publishing.
    3. Link, Albert N. & Siegel, Donald S. & Van Fleet, David D., 2011. "Public science and public innovation: Assessing the relationship between patenting at U.S. National Laboratories and the Bayh-Dole Act," Research Policy, Elsevier, vol. 40(8), pages 1094-1099, October.
    4. Czarnitzki, Dirk & Doherr, Thorsten & Hussinger, Katrin & Schliessler, Paula & Toole, Andrew A., 2016. "Knowledge Creates Markets: The influence of entrepreneurial support and patent rights on academic entrepreneurship," European Economic Review, Elsevier, vol. 86(C), pages 131-146.
    5. Christoph Grimpe & Ulrich Kaiser, 2008. "Gains and Pains from Contract Research: A Transaction and Firm-level Perspective," CIE Discussion Papers 2008-01, University of Copenhagen. Department of Economics. Centre for Industrial Economics.
    6. María García-Vega & Óscar Vicente-Chirivella, 2020. "The effect of technology transfers from public research institutes and universities on firm innovativeness," Discussion Papers 2020-10, University of Nottingham, GEP.
    7. Amit Shovon Ray & Sabyasachi Saha, "undated". "Patenting Public-Funded Research for Technology Transfer: A Conceptual-Empirical Synthesis of US Evidence and Lessons for India," Indian Council for Research on International Economic Relations, New Delhi Working Papers 244, Indian Council for Research on International Economic Relations, New Delhi, India.
    8. Leyden, Dennis P. & Link, Albert N. & Siegel, Donald S., 2014. "A theoretical analysis of the role of social networks in entrepreneurship," Research Policy, Elsevier, vol. 43(7), pages 1157-1163.
    9. Clifford Gross, 2013. "The growth of China’s technology transfer industry over the next decade: implications for global markets," The Journal of Technology Transfer, Springer, vol. 38(5), pages 716-747, October.
    10. Czarnitzki, Dirk & Doherr, Thorsten & Hussinger, Katrin & Schliessler, Paula & Toole, Andrew A., 2015. "Individual versus institutional ownership of university-discovered inventions," ZEW Discussion Papers 15-007, ZEW - Leibniz Centre for European Economic Research.
    11. Christopher S. Hayter, 2015. "Social Networks and the Success of University Spin-offs," Economic Development Quarterly, , vol. 29(1), pages 3-13, February.
    12. Riccardo Fini & Kun Fu & Marius Tuft Mathisen & Einar Rasmussen & Mike Wright, 2017. "Institutional determinants of university spin-off quantity and quality: a longitudinal, multilevel, cross-country study," Small Business Economics, Springer, vol. 48(2), pages 361-391, February.
    13. Loet Leydesdorff & Martin Meyer, 2013. "A reply to Etzkowitz’ comments to Leydesdorff and Martin (2010): technology transfer and the end of the Bayh–Dole effect," Scientometrics, Springer;Akadémiai Kiadó, vol. 97(3), pages 927-934, December.
    14. Abreu, Maria & Grinevich, Vadim, 2013. "The nature of academic entrepreneurship in the UK: Widening the focus on entrepreneurial activities," Research Policy, Elsevier, vol. 42(2), pages 408-422.
    15. Albert N. Link & John T. Scott, 2013. "Employment growth from the Small Business Innovation Research program," Chapters, in: Public Support of Innovation in Entrepreneurial Firms, chapter 4, pages 65-88, Edward Elgar Publishing.
    16. Etzkowitz, Henry & Zhou, Chunyan, 2021. "Licensing life: The evolution of Stanford university's technology transfer practice," Technological Forecasting and Social Change, Elsevier, vol. 168(C).
    17. Ampere A. Tseng & Miroslav Raudensky, 2014. "Assessments of technology transfer activities of US universities and associated impact of Bayh–Dole Act," Scientometrics, Springer;Akadémiai Kiadó, vol. 101(3), pages 1851-1869, December.
    18. Calin S. Vac & Avram Fitiu, 2017. "Building Sustainable Development through Technology Transfer in a Romanian University," Sustainability, MDPI, vol. 9(11), pages 1-22, November.
    19. Li Yu & Hui Guo & Olivier Bégin-Caouette & Silvia Mirlene Nakano Koga & Grace Karram Stephenson, 2022. "Academic Entrepreneurial Engagement among Academics in Canada and China: The Impact of Research Orientation and University Expectations," Sustainability, MDPI, vol. 15(1), pages 1-16, December.
    20. Link, Albert N. & Scott, John T., 2005. "Universities as partners in U.S. research joint ventures," Research Policy, Elsevier, vol. 34(3), pages 385-393, April.
    21. Henry Etzkowitz, 2013. "Mistaking dawn for dusk: quantophrenia and the cult of numerology in technology transfer analysis," Scientometrics, Springer;Akadémiai Kiadó, vol. 97(3), pages 913-925, December.
    22. Stuart D. Allen & Albert N. Link & Dan T. Rosenbaum, 2007. "Entrepreneurship and Human Capital: Evidence of Patenting Activity from the Academic Sector," Entrepreneurship Theory and Practice, , vol. 31(6), pages 937-951, November.
    23. James Cunningham & Paul O'Reilly, 2019. "Roles and Responsibilities of Project Coordinators: A Contingency Model for Project Coordinator Effectiveness," JRC Research Reports JRC117576, Joint Research Centre.
    24. Wesseler, Justus, 2014. "Biotechnologies and agrifood strategies: opportunities, threats and economic implications," Bio-based and Applied Economics Journal, Italian Association of Agricultural and Applied Economics (AIEAA), vol. 3(3), pages 1-18, December.

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