Who Owns Science? Part 2: the Bayh-Dole Act

In the United States, the question of who owns science was given a loud and clear answer in 1980 by Senators Birch Bayh and Bob Dole. Their “Bayh-Dole Act” allowed businesses and non-profit organizations to retain private, patent-style rights to control innovations and discoveries, even discoveries developed using federal funding. This effectively privatized large parts of big medicine and the military industrial complex. It also created a new academic trend: universities across the country created offices of technology transfer, which were responsible for surveying research being done and looking for ways to snatch up innovations and take them to market. This greatly accelerated a trend brewing since World War Two: universities began to rely more and more on private sector profitability for their funding. Ask any graduate student in the sciences who funds his/her education, and you’ll find many with private sector grants. It also encouraged another trend: the question of what topics should be researched became increasingly shaped by what is profitable. Because laboratories and experiments are often so expensive, private sector funders have little incentive to invest unless they think results could be profitable. Hence basic research in science, guided by the latest trends in the field, now takes a back seat to research that is more likely or more certain to generate profits.

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