What is Bayh-Dole?
The Bayh-Dole Act is a United States federal law that was enacted in 1980. The act was named after its sponsors, Senators Birch Bayh and Bob Dole, and it is officially known as the Patent and Trademark Law Amendments Act. The purpose of the Bayh-Dole Act was to encourage the commercialization of federally funded research by allowing universities, small businesses, and non-profit organizations to retain ownership of intellectual property rights that resulted from federally funded research.
Under the Bayh-Dole Act, universities, small businesses, and non-profit organizations that receive federal funding for research are given the right to own and manage any intellectual property that is created as a result of that research. This includes the right to apply for patents, licenses, and other forms of intellectual property protection. The act also requires that these organizations take steps to ensure that any intellectual property that results from federally funded research is utilized for the public benefit.
The Bayh-Dole Act has been credited with spurring innovation and promoting economic growth by allowing universities and other organizations to commercialize their research and bring new products and technologies to the marketplace. It has also been criticized by some who argue that it has led to the privatization of research and resulted in higher costs for consumers.
SBIR and Bayh-Dole Compliance
Intellectual Property (IP) Ownership
Under the Bayh-Dole Act, businesses that receive SBIR funding are granted ownership of the IP that is developed using the funding. However, the government retains certain non-exclusive rights to use the IP for its own purposes. SBIR grant recipients must ensure that they have a clear understanding of the ownership and usage of the IP that they develop.
SBIR grant recipients are required to report any new inventions, patents, and licensing agreements related to the SBIR project to the funding agency. This reporting is necessary to ensure that the government can exercise its rights to any IP that is developed using SBIR funding.
Compliance with Federal Regulations
SBIR grant recipients must comply with all relevant federal regulations regarding the use of government funding. This includes regulations related to the use of human and animal subjects in research, environmental safety, and other areas.