Conflicts Between Academic Inventors and Universities Since Bayh Dole Act

Abstract

The Bayh-Dole Act was passed in 1980, giving universities title to inventions made with federal funding and not only encouraging but also obligating them to commercialize these inventions. One issue accompanying the Bayh-dole act is the tension over who controls the fruit of the invention created in universities sponsored by government funding. There have been differing opinions on who should own the right to the IP of the inventions created in universities. These differing opinions mainly cover ownership of patentable inventions and intellectual property subject to copyright. These concerns may cause licensing to be delayed, incentives to be mismatched between parties, and barriers to the flow of materials and scientific knowledge that are essential for advancement in science.

Keywords: Bayh-Dole Act, Universities, Research, Intellectual Property, Patent, Copyright, creator

DOI: 10.7176/JLPG/128-02

Publication date: January 31^st 2023