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[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.
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