In Defense of Bayh-Dole with Joe Allen

In the period following World War 2, government policy stipulated that whenever anything was invented using government funding, it would be put into the public domain. This may sound like an honorable idea, but the problem was that nothing was being commercialized because there was no incentive to do so.

Since 1980, thanks to the Bayh-Dole Act, the commercialization of inventions has been in the hands of the inventors, and this has led the United States to become one of the most innovative nations in the world. However, for over 20 years, people have been fighting (unsuccessfully) against the Act, trying to distort its original goal. 

We’re in the midst of one of those conflicts right now, so tune in today to hear from Joe Allen, the Executive Director of the Bayh-Dole Coalition who was instrumental in the passage of the Bayh-Dole Act, about the importance of keeping this Act intact and the grave consequences we face if we do not. 

In This Episode:

[00:58] Introducing today’s guest, Joe Allen, the Executive Director of the Bayh-Dole Coalition.

[02:01] The purpose of the Bayh-Dole Act and how some lawmakers are trying to distort it. 

[03:37] The problem with the way government-funded inventions were treated in the period following WWII. 

[04:48] How Senator Bayh and Senator Dole transformed the innovation environment in the United States in 1980. 

[06:24] The intention behind the March-In Rights provision in the Bayh-Dole Act. 

[09:25] What opponents of the Bayh-Dole Act misunderstand about it. 

[12:21] A real-world example of the Bayh-Dole Act in action. 

[15:58] What the Bayh-Dole Act does and does not guarantee.

[17:23] The issues we will face if the March-In provision is used for price control. 

[19:48] Why there is no case law that allows for March-In under Bayh-Dole. 

[20:09] Complexities of the March-In process.

[22:10] Joe explains the link between the attempted misuse of the Bayh-Dole March-In Rights to the proposed abuse of Section 1498. 

[27:42] How to protect the Bayh-Dole Act. 

Resources:

Joe Allen on LinkedIn

Bayh-Dole Coalition