Patenting and US academic research in the 20th century: The world before and after Bayh-Dole

Abstract

The dramatic growth of patenting and licensing of publicly funded research by American research universities in the closing quarter of the 20th century has stimulated some of the highest-profile debates in science and technology policy today. The issue of what aspects of academic research should be public – and what private – lies at the heart of each of these debates. The movement of academic scientists into commercialisation of discoveries and inventions has been extolled by some as a new model of academic research, one which facilitates economic and social returns from universities. At the same time, this trend has been criticised by others as representing a socially inefficient ‘privatisation’ of academic research and as a threat to the ethos of science itself. This paper places these debates in historical context, with a review of changes in American universities’ patenting policies, procedures and practices throughout the 20th century, an assessment of the logic underlying the passage of the Bayh-Dole Act of 1980, and an overview of its effects on economic returns from university research.