Event

Congressional Briefing on the Bayh-Dole Act and March-in Rights

Wednesday, January 24, 2024

Event Summary

On Wednesday, January 24, 2024, the Bayh-Dole Coalition — in conjunction with the Council for Innovation Promotion — hosted a widely attended briefing in the Rayburn House Office Building on the Biden administration’s draft march-in rights framework. The briefing featured experts from the university and manufacturing communities, as well as former directors of the U.S. Patent and Trademark Office:

  • Joe Allen, Executive Director of the Bayh-Dole Coalition
  • David Kappos, former director of the U.S. Patent and Trademark Office (2009-2013) and current co-chair of the Council for Innovation Promotion (C4IP)
  • Andrei Iancu, former director of the U.S. Patent and Trademark Office (2018-2021) and current co-chair of the Council for Innovation Promotion (C4IP)
  • Kate Hudson, associate vice president and counsel for government relations and public policy for the Association of American Universities (AAU), who works directly with the universities impacted by President Biden’s guidance
  • Charles Crain, vice president of domestic policy at the National Association of Manufacturers (NAM), who works directly with the manufacturers impacted by President Biden’s guidance

The panelists discussed the legal implications and the real-world consequences of this framework for the U.S. economy, and its potential lasting impact on American innovation.

You can find a full recording of the event and additional photos below!

Speakers

Joseph P. Allen

Joe is Executive Director of the Bayh-Dole Coalition. As a professional staffer on the Senate Judiciary Committee to Sen. Birch Bayh (D-IN), he played a key role in successfully passing the Bayh-Dole Act of 1980 and its subsequent amendments. He later served as the director of the Office of Technology Commercialization at the Department of Commerce, which oversaw the implementation of Bayh-Dole and chaired the Interagency Committee on Technology Transfer.

Kate Hudson

Kate is Associate Vice President and Counsel for Government Relations and Public Policy at the Association of American Universities (AAU). She also leads AAU’s General Counsels (GC) constituent group and Intellectual Property & Tech Transfer Task Force. Prior to joining AAU, Kate served in attorney-advisor roles with the U.S. Government Accountability Office (GAO) and U.S. Office of Personnel Management (OPM), was the inaugural director of the Executive branch CXO Fellows Program at the U.S. General Services Administration (GSA) and was a key member of the Office of Government-wide Policy at the U.S. Office of Management & Budget (OMB).

David Kappos

David is Co-Chair of the Council for Innovation Promotion, a bipartisan coalition dedicated to promoting strong and effective intellectual property rights. He is also a partner at Cravath, Swaine, & Moore and is widely recognized as one of the world’s foremost leaders in the field of intellectual property. From 2009 to 2013, David served as Under Secretary of Commerce and Director of the U.S. Patent and Trademark Office (USPTO), where he advised the Obama administration on IP policy matters. He was instrumental in achieving the passage and implementation of the 2011 Leahy-Smith America Invents Act. Prior to leading the USPTO, David served as IBM’s chief intellectual property lawyer from 2003 to 2009.