Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Renewing The Bayh-Dole Act As A Default Rule In The Wake Of Stanford V. Roche, Parker Tresemer
Renewing The Bayh-Dole Act As A Default Rule In The Wake Of Stanford V. Roche, Parker Tresemer
Parker Tresemer
Since its enactment in 1980, the Bayh-Dole Act has incentivized university and private industry investment in new technologies by granting them exclusive patent rights to their inventors’ federally funded technologies. The Supreme Court’s holding in Stanford v. Roche, however, threatens to stall American innovation by undermining the Act’s intended structure for disposition of intellectual property rights. Congress enacted the Bayh-Dole Act to solve a specific problem: stagnating technological innovation in the decades after World War II. Universities and private companies are unwilling to commercialize basic federally funded technologies without exclusive rights to those technologies. The Congressional record surrounding the Bayh-Dole …