Presumption inventors should have royalty based access
Simon, Professor of Law, California Western, 2021
[Brenda M. "Preserving the Fruits of Labor: Impediments to University Inventor Mobility," Tennessee Law Review 89, no. 1 (Fall 2021): 1-66 heinonline gdi-tm]
In considering how best to promote innovation in the challenging situation of university inventor departure, various alternatives will be assessed, though none is without flaws. For many possibilities, the _likelihood of deleterious effects on innovation incentives is concerning.27 This Article proposes a-measured approach: a narrow modification to the Bayh-Dole Act to provide a presumptive right for university inventors to practice their inventions on payment of a reasonable royalty. Because the proposed amendment would allow for the presumption to be overcome under certain circumstances, it would have a minimal adverse effect on innovation incentives, if any. As an alternative proposal,• funding agencies could impose conditions on government incentive structures to encourage universities to support departing inventor involvement in · development. Of course, any proposal should be informed through empirical analysis and additional discussion.