Bayh Dole is unpopular on both sides – will require effort from Biden

This excerpt illustrates the impact Bayh-Dole has had on influencing the technological and economic future of the United States. Ironically, at the time, the law’s future impact and magnitude wasn’t fully appreciated. The day after its enactment, the New York Times only mentioned the initiative briefly on page 38, buried five paragraphs into an article about patents. Clearly, its potential was overlooked. Yet, a similar naïveté is currently influencing the Department of Health and Human Services’ (HHS) and the Department of Commerce’s (DOC) plan. The Biden-Harris Administration is trying to reinterpret the Bayh-Dole Act to authorize federal control over prices of inventions originating from universities. This could have devastating consequences. The Bayh-Dole Act was specifically designed to spur innovation and collaboration between our universities and the private sector. Forty years later, the results speak for themselves. In 1980, only 23 institutions had technology transfer options. Today, every single major research institution in the United States has a technology transfer option. By 1980, there were 30,000 patents acquired using federally funded research, resulting in only 1,500 improved products. In 2020 alone, 27,112 disclosures were filed, resulting in 8,706 patents.

The recent actions from the Biden Administration threaten this innovation. By controlling prices, incentives can be distorted, and further development can be disrupted. This is a rare opportunity for Democrats and Republicans to work together to boost American industry.

A Rare Instance of Congress Coming Together

In February, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) came together with Representatives Darrell Issa (R-CA) and Jake Auchincloss (D-MA) to co-sign a letter to President Biden urging him to reconsider his attempt to undo the great benefits of the Bayh-Dole Act.

This letter was a tremendous feat as it was co-signed by 24 colleagues from both sides of the aisle. As they noted, this law is “the foundation of public-private partnerships that have driven our economy forward and improved public welfare.”

I commend those 28 members of Congress, both Democrat and Republican, for taking a stance together on this important issue and standing up to blind partisanship.

This is not a partisan issue, but rather an American one. The Bayh-Dole Act is an important legislative tool that, when properly harnessed, can help the United States continue to achieve impressive milestones. We have all benefited from technologies created under Bayh-Dole; it would be foolish to strip ourselves of those opportunities in the future.