•HCON 328 EH 
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 in-
ventions falls upon private sector entrepreneurs, often re-
quiring millions of dollars in development funding over 
many years, and even then commercial success is uncer-
tain at best; 
Whereas by enacting Public Law 96–517 (commonly referred 
to as the ‘‘Bayh-Dole Act’’) in 1980, Congress deter-
mined that a fundamental change was needed to imple-
ment a uniform Federal patent policy, restoring the in-
tended incentives of Article I, Section 8, Clause 8 of the 
United States Constitution as it relates to federally fund-
ed 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 organi-
zations, 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 inven-
tions into commercial products is the continued involve-
ment of the inventor in the process, and Government pat-
ent policies before the enactment of the Bayh-Dole Act 
chilled the intended incentives of the patent system in 
this regard;
•HCON 328 EH 
Whereas the ability to obtain a reliable patent license for 
commercial development is needed to justify private sec-
tor 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 pro-
duced by nonprofit organizations that operate Govern-
ment-owned laboratories; 
Whereas the Bayh-Dole Act has provided incentives for uni-
versities, nonprofit organizations, and small businesses to 
effectively manage inventions arising from Federal sup-
port as valuable resources on behalf of United States tax-
payers; 
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 bet-
ter integrate their own research universities into their 
economies in order to be more competitive;
•HCON 328 EH 
Whereas objective examples of how the Bayh-Dole Act has 
not only benefitted the United States but has also cre-
ated 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 bal-
loon 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 advance-
ment of scientific and technological knowledge, 
fostered dramatic improvements in public 
health and safety, strengthened the higher edu-
cation 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
•HCON 328 EH 
(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 commit-
ment to the policies and objectives of that Act; and 
(3) the Congress shows its gratitude for the bi-
partisan 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 Mi-
nority members of the Senate Judiciary Committee, 
Edward Kennedy, and Strom Thurmond for secur-
ing the enactment of the Bayh-Dole Act, for 
strengthening it in 1984, and for providing unwaver-
ing support for the policies underlying that Act. 
Passed the House of Representatives November 15, 
2010. 
Attest: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. CON. RES. 328 
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 anniver-
sary of its enactment.