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Redeploying Bayh-Dole: beyond Merely doing good to optimizing the potential in results of taxpayer-funded research

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  • John Tyler

Abstract

Opinions about the Bayh-Dole Act of 1980 and its implementation by US universities can depend on whether one views the Act as a series of tactics that are ends in themselves or as a policy declaration designed to protect the public against nonuse of taxpayer-funded discoveries and encourage their commercialization, utilization, and public availability. Those views appear to influence how universities and their leaders measure performance and define success, identify and allocate resources, approach transfer strategies, and negotiate terms and apportion risks relative to those terms. Those who view the Act as tactical tend to obscure the broader policy objectives which can result in substantial amounts of university research that is “never commercialized” (President’s Council of Advisors 2003 ), “restrained” (Schacht 2010b ), and “left unused and unapplied” (Seipman in Univ Dayt Law Rev 30:209–243, 2004 ). Society then is deprived of the new products, services, approaches and experiences that can stimulate economic growth and advance human welfare. These and other consequences demand evaluations and assessments of university practices and behaviors and the extent to which they narrowly serve the Act’s tactics or more broadly serve its purposes of pursuing and maximizing the potential usefulness of the results of taxpayer-funded research. Too frequently, there seems to be a disconnect between federal policy and practices adopted or tolerated by universities and their leaders to implement that policy. Copyright The Author(s) 2013

Suggested Citation

  • John Tyler, 2013. "Redeploying Bayh-Dole: beyond Merely doing good to optimizing the potential in results of taxpayer-funded research," The Journal of Technology Transfer, Springer, vol. 38(6), pages 911-929, December.
  • Handle: RePEc:kap:jtecht:v:38:y:2013:i:6:p:911-929
    DOI: 10.1007/s10961-011-9231-x
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    References listed on IDEAS

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    1. Aldridge, Taylor & Audretsch, David B., 2010. "Does policy influence the commercialization route? Evidence from National Institutes of Health funded scientists," Research Policy, Elsevier, vol. 39(5), pages 583-588, June.
    2. Thursby, Jerry & Fuller, Anne W. & Thursby, Marie, 2009. "US faculty patenting: Inside and outside the university," Research Policy, Elsevier, vol. 38(1), pages 14-25, February.
    3. Markman, Gideon D. & Phan, Phillip H. & Balkin, David B. & Gianiodis, Peter T., 2005. "Entrepreneurship and university-based technology transfer," Journal of Business Venturing, Elsevier, vol. 20(2), pages 241-263, March.
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    Cited by:

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    2. Hong Gong & Shan Peng, 2018. "Effects of patent policy on innovation outputs and commercialization: evidence from universities in China," Scientometrics, Springer;Akadémiai Kiadó, vol. 117(2), pages 687-703, November.

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    More about this item

    Keywords

    Bayh-Dole; University technology transfer; Advancing university innovation; Autm; 20: Innovation Policy; 40.015: Theory; 45: University Technology Initiatives; I23; I28; O31; O38;
    All these keywords.

    JEL classification:

    • I23 - Health, Education, and Welfare - - Education - - - Higher Education; Research Institutions
    • I28 - Health, Education, and Welfare - - Education - - - Government Policy
    • O31 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives
    • O38 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Government Policy

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