When Big Brother Comes Marching In: Patent Challenges on Entrepreneurial Campuses
Bayh-Dole has recently come under attack, as some are trying to highjack certain provisions to be used as a cost control measure for novel therapeutics as the cost of drugs skyrocket. Should the federal government actually march in on an exclusive license covering a federally funded technology, there will be rippling effects throughout many industries. Academic institutions would reassess the value in investing resources and energy in the commercialization process if they struggle to secure a licensee for their federally funded technologies. The biggest effect, however, will most likely be felt by the general public, as they will no longer benefit from the research their tax dollars have funded for decades, but will instead be on the hook for funding the development of once promising, but now languishing, inventions.