Today, December 12, marks the 38th anniversary of the Bayh-Dole Act, which helped create the field of university technology transfer. Helping Pitt innovators translate lab discoveries at Pitt into products and services that make the world a better place and generate economic development opportunities lies at the heart of the Innovation Institute’s mission.
We caught up with Alex Ducruet, the Innovation Institute’s Director of Licensing and Intellectual Property, to discuss the legacy of the Bayh-Dole Act and its ongoing impact.
Why was the Bayh-Dole Act Needed?
Ducruet: The 1970’s were a tough time for the U.S. in many ways, and Pittsburgh in particular. The decade witnessed the decline of heavy industry, economic turmoil, the chaotic end of the Vietnam War, and an uneasy feeling that America was being passed up as the world leader in innovation. While universities were conducting meaningful research and generating promising discoveries, there was little incentive for either universities or industry to explore the commercial potential of those discoveries. The Bayh-Dole Act of 1980, co-sponsored by Senators Birch Bayh and Robert Dole, established a uniform patent policy among federal agencies that fund research, like the National Science Foundation and the National Institutes of Health, which enabled universities to retain title to innovations emanating from federally funded research programs. It also required universities to protect the intellectual property generated from research, and to collaborate with commercial entities to license the discoveries and bring new products and services to the market.
What has been the impact of the Bayh-Dole Act?
Ducruet: According to data from the Association of University Technology Managers, prior to 1980 there were fewer than 250 patents issued to U.S. universities each year. In fiscal 2016, there were 7,021 U.S. patents issued to U.S. universities, as well as 7,730 new licenses and options executed to commercialize new discoveries, where they can have a meaningful impact on the public. There were also 800 new products developed and 1,024 startups formed from U.S. universities. Pitt’s progress in these areas reflects the overall trend, with the University setting new records for licenses/options in fiscal year 2018 (162) and setting and re-breaking the record for startups created in each of the past four years (with 23 startups created in fiscal year 2018). Most importantly, this commercialization activity is creating societal benefit as these technologies are being developed into new drugs, vaccines, medical devices, educational apps, energy efficient new materials and so much more.
Graphic courtesy of the Association of University Technology Managers
How do universities use the revenue generated from licensing?
Ducruet: Each university’s individual policies will determine how revenues generated from licensing are distributed in support of advancing research and education. At Pitt, we attempt to balance rewarding the innovator(s) and their lab or department to continue to fund their research activities in order to generate even more discoveries. Some of the revenue is also directed to cover the costs of filing and maintaining patents. You can see the specifics of the policy by clicking here.
Q: As a Pitt researcher, how can I get involved in the commercialization process?
Ducruet: The first step in the commercialization process is to submit an invention disclosure describing your invention to the Innovation Institute, after which a member of our team will contact you. We have recently updated our invention disclosure filing portal to improve the user experience. As a reminder to all Pitt innovators, remember to submit your invention disclosure for any discoveries from your research to the Innovation Institute prior to discussing your research publicly or publishing any papers or abstracts so that the underlying intellectual property can be protected.
Pitt innovators can also get involved by participating in a myriad of educational and training opportunities offered through the Innovation Institute. If you are a Pitt faculty or student who is interested in learning more about the process of translating your research from the lab or classroom to the market, attend our next Innovation Igniter workshop, from 10 a.m. to noon on Wednesday, December 19, in Benedum Hall, Room G24. Click here to learn more and register.