The Bayh-Dole Act was a major milestone in the United States by allowing nonprofit organizations, including universities and small businesses, to own patents on inventions resulting from research funded by the federal government.
In the context of fierce technological competition, the role of universities in inventing, cooperating with businesses and promoting startups is becoming a decisive factor in national development. Universities are not only places for training knowledge, but also centers for nurturing inventions and scientific research. VietNamNet respectfully presents to readers a series of articles "Universities are the cradle for inventions and innovation"
Lesson 1: Universities must be the 'cradle' of invention and innovation
In 2020, universities in the US had more than 7,500 granted patents. In 2022, universities had 20 representatives in the list of the Top 100 organizations with the most patents in the US (equivalent to 20%). The numbers show the central role of universities in the US innovation ecosystem.
Legal framework
The Bayh-Dole Act, signed into law on December 12, 1980, was a major milestone in the United States by allowing nonprofit organizations, including universities and small businesses, to own intellectual property (patents) from inventions resulting from federally funded research.
Before 1980, the system for managing intellectual property rights from government-funded research was fraught with difficulties. The US federal government owned approximately 30,000 patents, but only 5% of these were licensed for commercialization, resulting in many valuable inventions remaining unused.
This stems from the lack of effective mechanisms by the government to transfer technology, while universities and small businesses lack the incentive to invest in registering and developing inventions.
The Bayh-Dole Act was enacted to address this problem, creating a unified legal framework to encourage innovation and commercialization.
“The Bayh-Dole Act was the most important game changer because it enabled the collective intellectual power of universities to participate in turning ideas into products or services that benefit the public,” said Dennis Liotta, Professor at Emory University (USA).
Contributes $1.7 trillion to the US economy
Under the Bayh-Dole Act, universities can retain ownership of inventions from government-funded research, as long as they follow procedures such as publishing the invention and attempting to commercialize it. This creates an economic incentive to invest in research and development and patenting.
In addition, it also promotes the relationship between universities and businesses, making it easier for inventions to be licensed and commercialized, thereby increasing the number of new patents registered.
“Since its enactment, Bayh-Dole has created a policy environment in which scientific innovation, from federal research grants to private-sector funded projects, can thrive,” said Carol Mimura, founder and vice provost, Alliance for Industrial Research and Intellectual Property at UC Berkeley.
Figures from the USPTO show that before 1980, the number of university patents was very limited, but in 1985, just 5 years after the law was enacted, 594 patents were granted (0.83% of the total), and by 2012, this number had increased to 4,797 (1.89% of the total).
A report from the Association for University Technology Management (AUTM) also shows a growth trend, with the number of patents granted increasing by 15.6% from 2019 to 2020, reflecting continued growth after decades.
As of 2021, the Bayh-Dole Act has “supported 6 million jobs, helped create 15,000 startups, and contributed $1.7 trillion to the U.S. economy,” said Joseph Allen, CEO of the Bayh-Dole Alliance.
In Vietnam, according to the report of the National Office of Intellectual Property, the number of applications for patents and utility solutions of research institutes and universities in our country is still modest, not commensurate with the current scientific and technological potential of research institutes and universities.
In the period 2010-2020, the number of patent applications of the university group was only about 150 applications/year, the number of patent applications of the research institute group was only about 100 applications/year.
Resolution 57 of the Politburo on breakthroughs in science, technology, innovation and national digital transformation sets a target that by 2030 the number of international scientific publications will increase by an average of 10% per year; the number of patent applications and patent protection certificates will increase by an average of 16-18% per year, and the commercial exploitation rate will reach 8-10%.
Mr. Samuel Ang, a consultant at the Asian Development Bank, said that the government needs to play a creative role by encouraging policies and removing bottlenecks to promote innovation, including enhancing the role of universities in research and intellectual property.
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Source: https://vietnamnet.vn/dao-luat-bayh-dole-cu-hich-dua-dai-hoc-my-thanh-trung-tam-doi-moi-sang-tao-2375698.html
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