III 

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’’; 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

HCON 328 RFS 

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; 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

HCON 328 RFS 

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; 


rfrederick on DSKD9S0YB1PROD with BILLS
4 

HCON 328 RFS 

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 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That— 

3 (1) it is the sense of the Congress that— 

4 (A) the Bayh-Dole Act (Public Law 96– 

5 517), as amended by Public Law 98–620, has 

6 made substantial contributions to the advance7 ment of scientific and technological knowledge, 

8 fostered dramatic improvements in public 

9 health and safety, strengthened the higher edu10 cation system, led to the development of new 

11 domestic industries and hundreds of thousands 

12 of new private sector jobs, and benefitted the 

13 economic and trade policies of the United 

14 States; and 


rfrederick on DSKD9S0YB1PROD with BILLS
5 

HCON 328 RFS 

1 (B) that Act remains critical to the future 

2 well being of the United States; 

3 (2) the Congress reaffirms both its support for 

4 this landmark legislation and the critical role that 

5 innovation, entrepreneurship, and job creation hold 

6 for the future of the United States, and its commit7 ment to the policies and objectives of that Act; and 

8 (3) the Congress shows its gratitude for the bi9 partisan leadership shown by Senators Birch Bayh 

10 and Robert Dole and Representatives Peter Rodino, 

11 Hamilton Fish, Robert Kastenmeier, Tom Railsback, 

12 Don Fuqua, and former Chairman and Ranking Mi13 nority members of the Senate Judiciary Committee, 

14 Edward Kennedy, and Strom Thurmond for secur15 ing the enactment of the Bayh-Dole Act, for 

16 strengthening it in 1984, and for providing unwaver17 ing support for the policies underlying that Act. 

Passed the House of Representatives November 15, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


rfrederick on DSKD9S0YB1PROD with BILLS