- From Legislation to Innovation: Joe Allen and the Birth of the Bayh-Dole Act
In the 1970s, the US was falling behind other countries in terms of innovation. However, an accidental discovery coupled with smart regulation put the US back on track to becoming a leading innovator and technology leader. This turnaround is largely attributed to the Bayh-Dole Act, also known as the Patent and Trademark Law Amendments Act. Passed in 1980, this law enables businesses, universities, and nonprofits to own inventions created through federally funded research.
Implementing this change wasn’t easy and it took time, but smart legislation ultimately prevailed. My guest today is Joe Allen, a man who was at the forefront of the entire process. As a staffer in Senator Birch Bayh’s office, he played a pivotal role in getting the law passed. Now, 44 years later, he continues to defend the policy as the Executive Director of the Bayh-Dole Coalition.
Joe shares insights into his career, highlighting how being in the right place at the right time and excelling in his role led to unexpected career advancements. We also gain a behind-the-scenes look into the legislation and voting process. Additionally, we learn why maintaining this law is vital for the advancement of technology and tech transfer.
In This Episode:
[01:31] Joe was an English and history major, and he was on a Senate Judiciary Subcommittee before working for Senator Bayh.
[02:02] He was a research assistant, and he handled correspondence.
[03:21] Joe shares how he sat in on a patent meeting and discovered that if there was any federal funding on an invention the patent was taken away from the inventor and the idea was made freely available.
[04:05] In 1970, Innovation was needed and this was a big problem across the government.
[04:47] Joe did research and discovered this was a big issue. Senators Bayh and Dole became interested on a bipartisan level.
[06:23] He ended up staffing this project.
[06:58] At first they didn't realize what a big deal it was, but they discovered it was a fundamental policy that was harming America because nothing was coming out of billions of dollars of taxpayer funding.
[07:08] We were literally giving our research away to our competitors.
[07:33] For people just starting their careers, you never know when your big break is going to happen and sometimes it's unexpected.
[07:43] If you're lucky, doing your best can transform your life.
[08:11] Forty-five years later, Joe is still working on the same issues.
[08:36] Companies weren't going to fund research in a university or federal laboratory, because the government would take away their patents. This segregated the public and private networks.
[09:00] Out of 28,000 government inventions less than 5% were licensed.
[10:53] Senator Bayh had a personal cause, because his wife was going through breast cancer treatment. This was people's lives that mattered.
[11:53] Challenges included people who truly believed that if the government funds research, it should be available for free.
[12:27] Universities and small companies were the most harmed by the previous laws.
[14:51] Amending Bayh-Dole to include big business was going to be the kiss of death.
[16:20] Joe shares behind the scenes action of getting the bill passed.
[20:51] Jimmy Carter signed the act on the last possible day.
[21:23] They put the regulations under the Office of Management and Budget, so Norm Lacker could work on it.
[21:44] The implementing regulations weren't in place until 1982. The whole process was anything but a slam dunk.
[22:25] The Federal Technology Transfer Act was originally part of Bayh-Dole.
[30:15] We should be very optimistic about the future, because this theory works. It's more important than ever for the private sector to partner with Federal Labs and universities.
Resources:
Joseph P. Allen Executive Director of The Bayh-Dole Coalition
34m - Apr 16, 2024 - The Legacy of Problem-Solving: The Evolution of The FLC With Paul Zielinski
Welcome to The Transfer Files. This is your insider's look at how federal laboratories bring groundbreaking technologies to market. I'm your host, Andrea Nelson. In every episode, we'll bring you insights and expertise from the expansive world of tech transfer.
My guest today is Paul Zielinski, the Executive Director of the Federal Laboratory Consortium (FLC), a nationwide network of federal labs that promotes the transfer of government technologies to the marketplace. With over 30 years in science, engineering, and technology transfer, he oversees FLC's operations and collaborates with stakeholders across federal agencies, industry, academia, and government to enhance technology commercialization.
Holding an MS in Civil/Environmental Engineering and an MBA in Entrepreneurship, his background includes directing the NIST's Technology Partnerships Office and chairing the FLC, with a focus on innovation and collaboration in the dissemination of federal research. As the FLC celebrates its 50th anniversary this year, Paul and I discuss the consortium's formation, its evolution over the past five decades, and its future direction
In This Episode:
[01:37] It's been 50 years since the FLC was formed in 1974. In 1945, Vannevar Bush sent Science The Endless Frontier to President Truman.
[02:07] This letter lays out how the laboratory infrastructure that won the war should be converted over to win the peace. It envisioned technology transfer, advancing science, and bringing new technology to the marketplace.
[03:23] Technology transfer is about completing the mission after the research.
[04:01] The Department of Defense formed the Defense Laboratory Consortium. It was a group of people with a similar mission.
[05:01] In 1974, the Department of Defense invited all the other agencies in and the FLC was formed.
[06:08] The Stevenson-Wydler Technology Innovation Act, the Bayh-Dole Act, and the Federal Technology Transfer Act changed and defined what we call tech transfer today. The first one was making tech transfer a mission for the laboratories.
[07:32] The Bayh-Dole Act formalizes the authorization for laboratories to manage their intellectual property. They can get patents and trademarks and license products. [08:32] FTA helps set up public private partnerships or cooperative research and development agreements.
[09:36] The FLC Awards program recognizes excellence in the field. It also helps motivate people. If you want excellence and an ecosystem for tech transfer to grow, it needs to be recognized.
[10:55] One of the most prestigious awards is the Harold Metcalf Award. He put his own career on the line to get the consortium finally put into law.
[11:28] This is the FLC's 50th golden anniversary year. The national meeting is going to be in Dallas, Texas this year. They're also going to focus on where they've been and where they are going.
[12:45] Paul is a problem solver. He began his career in the army with a biology degree. He then worked in nuclear waste cleanup. The technology didn't exist and they had to create it. This problem solving was how he became involved in tech transfer.
[15:00] This path also led him to solving problems at the EPA and at the National Institute of Standards and Technology which all led to tech transfer.
[16:13] Some of the FLC's major accomplishments of the past decade include the growth. In 2020, the FLC board was realigned. They put promote, educate, and facilitate in the bylaws.
[17:12] Goals for the FLC in the next 5 to 10 years include expanding what they've already been doing. They are increasing tools and services, and having companies do reverse pitches to know what they are looking for.
[18:19] A lot of challenges stemmed from COVID. The technology and ability for people to work from home has really changed the world. The downside is losing that personal touch.
[20:13] The virtual world does offer a lower bar to entry.
[20:39] The cross agency community is the strength and the greatest part of the FLC.
[21:55] The excitement of tech transfer is the sense of accomplishment and finding solutions to fill voids and get things done.
Resources:
Stevenson-Wydler Technology Innovation Act
23m - Mar 19, 2024
