Is this what Congress intended when it passed Bayh-Dole?

Would Congress have passed Bayh-Dole if things had been stated clearly?

It is the policy and objective of Congress that nonprofit organizations should, for inventions arising in federally supported research or development:

  • strip inventors of their common law rights in inventions without the right of appeal;
  • ignore investigators and inventors with regard to how these inventions might be used to advance science and the public interest;
  • obtain patents to diminish the public domain, create patent gridlock, and stifle competition;
  • attempt to convey monopoly rights to favored companies, especially those involved in profiting from medicines;
  • share in the profits derived from monopoly pricing; and
  • use those profits without publicly accounting for that use.

with the provisio that it is acceptable if only 1 in 200 such inventions ever come into use through the efforts of the nonprofit patent holder as long as the rest are held for infringement litigation if industry, without the need for exclusive rights, were to use any such invention without without first paying for a license;

and all of this on the condition that

information obtained by the federal government pertaining to the use of such inventions by nonprofits and their monopoly partners must be a government secret.

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