8.4: Bayh-Dole Ac
Amend the Bayh-Dole Act to promote the formation of competitive markets. Other Information:
Looking into policy changes for the immediate future, it is important to build upon the successes of Bayh-Dole in fostering
the translation of publicly funded research into economic activity. Nevertheless, to achieve the second objective of directing
public research investments into the public interest, Congress should amend Bayh-Dole to promote the formation of competitive
as opposed to monopolistic markets. A step in that direction is for the letter of the law to explicitly encourage the use
of non-exclusive licenses. Without banning the use of exclusive licenses, an explicit government preference for non-exclusive
licenses would increase the power of federal agencies to promote wider use of patents, regulate monopolistic practices with
the products that result from them, and shift the weight-of-proof from the bureaucracy to the licensees to justify an exclusive
patent.
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