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Background Information and Bibliography

This Competition Closed 20 November 2020. Thank you to all participants.

The following bibliography is a non-exhaustive list of sources that provide background information to the PEER prize competition topic.

Bayh-Dole Act of 1980 and Implementing Regulations

PUBLIC LAW 96-517 Link to Govinfo website on Public Law 96-517 (Bayh-Dole Act). Click PDF to see the text of the law, starting on page 5 of 15 in the PDF.
BAYH-DOLE REGULATIONS NIH website hosting regulation language, 37 C.F.R. §401.
FLC GREEN BOOK The Federal Laboratory Consortium for Technology Transfer (FLC) publishes the FLC Green Book, a collection of legislation and policy on federal technology transfer. For overview, consult the legislative history (pages xi-xvi), 35 U.S.C. §200-212 (pages 43-52), and 37 C.F.R. §401 (pages 55-80).
BAYH-DOLE RESEARCH & HISTORY CENTRAL Managed by the University of New Hampshire Franklin Pierce School of Law, the Bayh-Dole Act Research & History Central contains a database of literature on the historic legislation.

Government Accountability Office (GAO) Reports

Administration of the Bayh-Dole Act by Research Universities. RCED-98-126: Published: May 7, 1998. Publicly Released: May 11, 1998. General overview
Reporting Requirements for Federally Sponsored Inventions Need Revision. RCED-99-242: Published: Aug 12, 1999. Publicly Released: Aug 12, 1999. GAO study focused on noncompliance of Bayh-Dole requirements. 
Federal Agency Efforts in Transferring and Reporting New Technology. GAO-03-47: Published: Oct 31, 2002. Publicly Released: Oct 31, 2002.  Of particular note is the section titled “Agency Actions to Improve Contractor and Grantee Reporting under the Bayh-Dole Act Do Not Address Underlying Causes of Noncompliance,” pages 29-34.

Court Decision

Campbell Plastics Engineering & Mfg. v. Brownlee. 389 F. 3d 1243. In a 2004 decision by the United States Court of Appeals, Federal Circuit, the Court concluded that non-compliance with Bayh-Dole reporting requirements by a contractor entitled the funding agency to invoke 37 C.F.R. §401.14(d) and obtain title to the subject invention patent.

Academic Paper

Arti K. Rai & Bhaven N. Sampat, Accountability in Patenting of Federally Funded Research, 30 Nature Biotechnology 953-956 (2012) This article provides fresh evidence indicating substantial under-reporting of the existence of federal funding in over 30,000 academic biomedical patents issued between 1980 to 2007. The article finds substantial under-reporting of federal funding even in the case of patents on FDA-approved drugs, which should presumably receive significant attention from universities.

 

 

Created September 10, 2020, Updated November 23, 2020