[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 328 Referred in Senate (RFS)]
111th CONGRESS
2d Session
H. CON. RES. 328
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 17, 2010
Received and referred to the Committee on the Judiciary
_______________________________________________________________________
CONCURRENT RESOLUTION
Expressing the sense of the Congress regarding the successful and
substantial contributions of the amendments to the patent and trademark
laws that were initially enacted in 1980 by Public Law 96-517 (commonly
referred to as the ``Bayh-Dole Act'') on the occasion of the 30th
anniversary of its enactment.
Whereas Article I, Section 8, Clause 8, of the United States Constitution
provides that Congress shall have Power ``to promote the Progress of
Science and useful Arts, by securing for limited Times to Authors and
Inventors the exclusive Right to their respective Writings and
Discoveries'';
Whereas the United States Government is one of the largest funders of research
in the world, but that research does not fully benefit American
taxpayers unless it contributes new products and processes to the
marketplace, thereby creating new companies and jobs, and solving
societal problems;
Whereas the commercial development of discoveries and inventions falls upon
private sector entrepreneurs, often requiring millions of dollars in
development funding over many years, and even then commercial success is
uncertain at best;
Whereas by enacting Public Law 96-517 (commonly referred to as the ``Bayh-Dole
Act'') in 1980, Congress determined that a fundamental change was needed
to implement a uniform Federal patent policy, restoring the intended
incentives of Article I, Section 8, Clause 8 of the United States
Constitution as it relates to federally funded research;
Whereas before the enactment of that Act, few inventions arising from the
billions of taxpayer dollars granted each year to American research
universities, nonprofit organizations, and Federal laboratories were
being translated into commercial products of benefit to the public and
the United States economy;
Whereas a critical factor in developing federally funded inventions into
commercial products is the continued involvement of the inventor in the
process, and Government patent policies before the enactment of the
Bayh-Dole Act chilled the intended incentives of the patent system in
this regard;
Whereas the ability to obtain a reliable patent license for commercial
development is needed to justify private sector investments, and
Government patent policies before the enactment of the Bayh-Dole Act
made negotiating and obtaining such licenses difficult, if not
impossible;
Whereas patent ownership of potentially important inventions is crucial in the
formation of many start-up companies, which form vital parts of an
innovation economy, and ownership rights were discouraged by Government
patent policies before the enactment of the Bayh-Dole Act;
Whereas in 1984 Congress built upon the firm foundation of the Bayh-Dole Act by
permitting, in Public Law 98-620, nonprofit organizations and
universities to grant licenses during the entire patent term and also to
provide uniform treatment under the Bayh-Dole Act of inventions produced
by nonprofit organizations that operate Government-owned laboratories;
Whereas the Bayh-Dole Act has provided incentives for universities, nonprofit
organizations, and small businesses to effectively manage inventions
arising from Federal support as valuable resources on behalf of United
States taxpayers;
Whereas the success of the Bayh-Dole Act became apparent with the creation and
dominance of the United States biotechnology and information technology
industries, that remain largely dependent on university research;
Whereas the Bayh-Dole Act has been widely recognized as a best practice and is
now being adopted by other countries (both developed and developing)
around the world to better integrate their own research universities
into their economies in order to be more competitive;
Whereas objective examples of how the Bayh-Dole Act has not only benefitted the
United States but has also created a better world include the creation
of over 150 new drugs, vaccines, or in vitro devices, including the
hepatitis B vaccine, cisplatin, carboplatin and taxol anticancer
therapeutics, laser eye surgery devices, the Palmaz balloon expandable
stent, and many more; and
Whereas economic activity spurred on by the Bayh-Dole Act include the formation
of more than 6,500 new companies from the inventions created under the
Act, an estimated contribution of $450,000,000,000 to United States
gross industrial output, and the creation of 280,000 new high technology
jobs between 1999 and 2007: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That--
(1) it is the sense of the Congress that--
(A) the Bayh-Dole Act (Public Law 96-517), as
amended by Public Law 98-620, has made substantial
contributions to the advancement of scientific and
technological knowledge, fostered dramatic improvements
in public health and safety, strengthened the higher
education system, led to the development of new
domestic industries and hundreds of thousands of new
private sector jobs, and benefitted the economic and
trade policies of the United States; and
(B) that Act remains critical to the future well
being of the United States;
(2) the Congress reaffirms both its support for this
landmark legislation and the critical role that innovation,
entrepreneurship, and job creation hold for the future of the
United States, and its commitment to the policies and
objectives of that Act; and
(3) the Congress shows its gratitude for the bipartisan
leadership shown by Senators Birch Bayh and Robert Dole and
Representatives Peter Rodino, Hamilton Fish, Robert
Kastenmeier, Tom Railsback, Don Fuqua, and former Chairman and
Ranking Minority members of the Senate Judiciary Committee,
Edward Kennedy, and Strom Thurmond for securing the enactment
of the Bayh-Dole Act, for strengthening it in 1984, and for
providing unwavering support for the policies underlying that
Act.
Passed the House of Representatives November 15, 2010.
Attest:
LORRAINE C. MILLER,
Clerk.