Love and hate in university technology commercialization proposed revision to the Bayh-Dole Act

Abstract

To a large extent, the university technology transfer (hereinafter the “TTO”) success depends on harmonious relationships between technology transfer staff and contributing faculty. While this state is ideal, regretfully, it is not typical. We describe sixty-two legal battles between academic inventors and their universities. We also identify the stressors caused by perceived threats to the TTO staff and faculty researchers, which result in felt job insecurity. We then developed a concept model which depicts these perceived threats and how they contribute to positive functional technology transfer performance or negative dysfunctional performance. We propose that any lack of communication, social exchanges, motivation, engagement, streamlined processes, supportive organizational cultures, or competencies on the part of the TTO staff or faculty researchers can result in felt job insecurity and distress. Also, people who lack personality characteristics that give them an aversion to job insecurity can experience stress. We advocate that, in light of the numerous legal battles, all of these micro-foundational factors in university technology transfer need to be examined and taken into consideration in a holistic way, and they need to be addressed with a Bayh-Dole Act amendment. Specifically, the 37 CFR § 401.16 federal agency reporting requirements need to change to mandate that universities report litigation between inventors and universities. This will likely bring much needed awareness to this issue and may result in improvements in communication, social exchanges, motivation, engagement, streamlined processes, supportive organizational cultures, or competencies. Such improvements can reduce these legal conflicts.