Universities and Patents

Universities play a critical role in the creation and dissemination of knowledge. In particular, university technology transfer offices and patents have received considerable attention since the passage of the federal Bayh-Dole Act in 1980, which allows universities and other nonprofits to take title to government funded invention. Grant recipients are allowed to take title because of a concern with the tragedy of “underuse” of government funded inventions. Many government funded inventions were not commercialized prior to the passage of the Act. Since then, university involvement in patenting and licensing has increased substantially and continues to rise. Numerous questions concerning the unintended consequences of the Act have been raised, such as: the development of an anticommons; shifting researchers from basic to applied research projects; and enforcement efforts by universities that resemble the behavior of so-called patent trolls. In examining numerous sources, this talk will present and discuss data concerning patent enforcement of U.S. patents by universities, the reasons why universities may continue to enforce their patents, and how universities can avoid the negative patent troll label