Bayh-Dole provided justification to expand university ownership

[Patricia E., “University Inventions Reconsidered: Debunking the Myth of University Ownership,” 11 WM. & MARY BUS. L. REV. 77 November 2019 acc. 7-17, GDI-LI]

I have observed that many members of the university community, as well as outside commentators, assume that universities have always claimed title to inventions created by their employees and students.62 Others believe that university ownership of inventions came about due to the passage of the Bayh-Dole Act in 1980.63 However, a review of the history of technology transfer reveals that neither assumption is accurate.64 University technology transfer practices evolved gradually over the course of the last 100 years, often in response to economic conditions that forced universities to look for alternative sources of funding.65 Well before 1980, universities were routinely claiming ownership of faculty and staff inventions and engaged in efforts to commercialize them.66 As the following history shows, Bayh-Dole merely provided a final justification for the model and an opportunity to expand it even further.67