Bayh-Dole modification fosters inventor involvement
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]
This Part examines how to address possible harms when academic inventors seek to depart from their universities. In particular, it raises and assesses various proposals to address potential detrimental effects on the dissemination of knowledge and innovation arising from limitations on university inventor mobility.347 Due to the significant risk of deleterious effects on innovation incentives for many of the proposals, the best alternatives would be to modify the Bayh-Dole Act to allow inventors a presumptive right to practice on payment of a reasonable royalty or to place conditions on government incentive structures to encourage university inventor involvement in development.