Week 3 Case Questions

1. Why was the Bayh-Dole Act enacted?
Prior to the act the US government along with US universities
had accumulated many patents but very few out of those were
actually available and developed further for commercial use. The
government motivated the universities to research on matters of
military importance and other basic operations after the World
War II. But universities, did not have a full knowledge of the
patent policies and found it very difficult to navigate through the
rules and regulations involved in patent process. Since the
government did not have a clearly stated policy before this act
regarding the patent ownership and the government would
usually retain the ownership of federal funded university projects
that were of government importance. Not many universities liked
this approach thus many of the researches lacked federal funds
to scale their project and were never made commercial despite
being brilliant for public use. The Bayh-Dole act helped in better
amalgamation of the research process and funding between the
Universities and Federal government. It helped legalize the
control of inventions and description of control and
responsibilities of the parties involved with patent process.
2. What is your assessment of the impact of this act?
The Bayh-Dole act enabled the collaboration between the
universities and federal funding. It helped universities gain full
ownership of their patents even with federal funding and also
allowed universities to grant exclusive licenses to business for
the use of their patents. This was beneficial because it led to a
better use of the discoveries and research instead of these
discoveries gathering dust in the labs and becoming non-existent
because of legal issues. The Bayh-Dole act helped in better
amalgamation of the research process and funding between the
Universities and Federal government. It helped legalize the
control of inventions and description of control and
responsibilities of the parties involved with patent process. The
act also impacted the government by enabling the transfer of
technology into the commercial arena and also helped the
universities in managing the commercialization of the federally
funded research. This act thus helped both the parties involved
in a positive manner.
3. What advice/recommendation would you make to Isaac
Kohlberg?
Isaac Kohlberg should run pilot programs to gain the trust of
faculty members who are apprehensive about technology

The Harvard University scientist did not believe in technology transfer and never went through the process of patents and did not encourage the monopoly in research and believed more in exchange if ideas and research rather than isolating knowledge. This way the scientists will be doing well scientifically and commercial interests will be served as well. .transfer. The new pilot program would offer a better approach to address the concerns of the government and university.