Hartford Courant (Sunday)

Protecting a legacy of innovation

The Bayh-Dole Act works. It’s not time to change it.

- By Jon Soderstrom Jon Soderstrom served as managing director of the Office of Cooperativ­e Research at Yale University from 1996 to 2021.

Forty-three years ago, a young U.S. Sen. Joe Biden voted for a transforma­tive policy reform that subsequent­ly catalyzed upward of $2 trillion dollars in economic growth. Yet now, President Biden’s administra­tion is poised to functional­ly undo that reform. The president can protect a key part of his Washington legacy by putting a halt to this inadverten­t political and economic sabotage.

The reform in question was the Bayh-Dole Act of 1980, which helped revive the moribund economy of the 1970s. Prior to the law, the federal government held all the patents on discoverie­s made at university and non-profit labs that received federal funding. The government had little incentive to license those patents to private companies for further developmen­t. And companies were hesitant to license those patents on a non-exclusive basis — since the government could always grant additional licenses to rival firms, which could then debut their own competing versions of a product.

Because of these misaligned incentives, thousands of taxpayer-funded discoverie­s collected dust on the proverbial laboratory shelf — and were never turned into products.

The Bayh-Dole Act put an end to this waste by allowing universiti­es and other research facilities receiving government funds to hold the patents themselves and license them to companies for further developmen­t. Thanks to the law and the academic “tech transfer” system it establishe­d, we’ve made tremendous strides in quantum computing, developed a host of communicat­ions tools, created breakthrou­gh medicines, and even invented Honeycrisp apples.

This legislatio­n has served as the cornerston­e for the public-private R&D partnershi­ps that provide products and services to American consumers and markets around the world. The Bayh-Dole Act has been instrument­al to U.S. leadership across a multitude of technologi­cal sectors and is estimated to have contribute­d about $2 trillion to U.S. gross industrial output from 1996 to 2020.

America’s research institutio­ns have benefited handsomely from such partnershi­ps. As the managing director of Yale’s Office of Cooperativ­e Research, I managed the intellectu­al assets that Yale’s top-flight scientists, research staff and students developed. Through Yale Ventures, the university now manages the licensing of 1,938 patents, generating millions in royalties each year for the benefit of future research.

Unfortunat­ely, some in the Biden administra­tion want to upend the foundation of this system. Under a proposed framework, the federal government could “march-in” and relicense patents on products that bureaucrat­s feel are overpriced. The administra­tion recently announced the framework as part of a campaign to reduce prescripti­on drug prices — but the framework would apply to all patents that benefited from federal research grants, not just pharmaceut­icals.

March-in rights have always been part of the Bayh-Dole Act. Their original intent was to ensure government-financed innovation­s were put to work instead of being licensed and warehoused by a dominant market player. They also allow the government to step in if a critical public need is not being met by a licensed manufactur­er or if promises of domestic developmen­t are not kept.

For decades, however, these march-in rights went unexercise­d because there was no need for the government to step in. With the incentive structure that the BayhDole Act created, commercial developmen­t proceeded rapidly.

The administra­tion’s march-in proposal would destroy these incentives. Companies won’t license government-funded university research if the government reserves the right to step in and appropriat­e the fruit. The administra­tion seems to forget that for every dollar the government spends on research, the private sector invests nearly $5.

Senators Bob Dole and Birch Bayh themselves balked at the idea of using march-in rights to intervene in businesses’ pricing decisions. They recognized that “government alone has never developed the new advances in medicines and technology.” It is the private sector that turns the promise of innovation into reality.

Imagine the effects of march-in up and down the innovation chain. As industry shuns university research, royalties will dry up. Fewer royalties mean universiti­es will have less funding available for new research, which means fewer researcher­s. Do we really want to strip the motivation of the next generation of PhD candidates? Do we want our most gifted professors to head for the exits and more lucrative employment at private labs? Do we want to put a halt once again to the ability of the public to realize benefits from government-funded research?

The economic might of the United States depends on the public-private partnershi­ps facilitate­d by the Bayh-Dole Act. The system works marvelousl­y, and the president shouldn’t repudiate his own role in helping to create it.

 ?? FILE ?? President Joe Biden can protect a key part of his Washington legacy by putting a halt to an inadverten­t political and economic sabotage.
FILE President Joe Biden can protect a key part of his Washington legacy by putting a halt to an inadverten­t political and economic sabotage.

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