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To Do: Defend the Bayh-Dole Act

To Do: Defend the Bayh-Dole Act
Knowledge Base Article in: Tech Policy To-Do List
Last Updated: July 24, 2025

Recommendation

The administration and Congress should defend the Bayh-Dole Act.

Details

The 1980 Bayh-Dole Act affords contractors rights to the IP generated from federal funding. The academic technology transfer it has engendered has led to 17,000 start-ups. The act enumerates several limited circumstances in which the government can march in and commandeer IP (primarily if an invention isn’t being adequately commercialized). Some have called for expanding Bayh Dole march-in rights to apply them when the government deems the price of resulting products to be too high. The next administration should categorically reject such innovation-killing proposals.

Keep reading:

Stephen Ezell, “The Bayh-Dole Act’s Vital Importance to the U.S. Life-Sciences Innovation System” (ITIF, March 2019), https://itif.org/publications/2019/03/04/bayh-dole-acts-vital-importance-us-life-sciences-innovation-system/.

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