Bayh-Dole does not authorize federal agencies to enforce patents on federally owned inventions.
Federal agencies
do not need patent enforcement for non-exclusive licensing.
give up enforcement in exclusive licensing.
Federal exclusive licensing
is ineffectual and disrupts rather than promotes public access.
undermines public confidence in agency policies and actions.
Time to end this ineffectual, corrupting, disruptive bureaucratic practice.
Repeal 35 USC 207 and 209.
Replace with a new 35 USC 207:
(a) Each Federal agency is authorized to—
(1) apply for, obtain, and maintain patents or other forms of protection in the United States and in foreign countries on inventions in which the Federal Government owns a right, title, or interest;
(2) undertake all other suitable and necessary steps to protect and administer rights to federally owned inventions on behalf of the Federal Government; and
(3) transfer custody and administration, in whole or in part, to another Federal agency, of the right, title, or interest in any federally owned invention.
(b) Each Federal agency is required timely to grant unconditional, non-discriminatory, royalty-free, nonexclusive licenses under federal patent rights to federally owned inventions.
(c) For the purpose of assuring the effective management of Government-owned inventions, the Secretary of Commerce is authorized to—
(1) assist Federal agency efforts to promote the licensing and utilization of Government-owned inventions;
(2) assist Federal agencies in seeking protection and maintaining inventions in foreign countries, including the payment of fees and costs connected therewith; and
(3) consult with and advise Federal agencies as to areas of science and technology research and development with potential for commercial utilization.