Intellectual Property

The research and development environment has changed dramatically during lst several decades. The government is no longer in the driver's seat, but it still needs access to research and technology advances. At the same time, its effort to compete for access must be balanced against a range of commercial, economic, legal, and other interests. The vehicles discussed in this testimony (the Bayh-Dole Act and Department of Defense "other transaction" authority) are among the tools that the government can use to attract new players to the research and development arena and to maintain access to advances. However, effective use of these tools requires good training and a greater exercise of reasoned discretion among program officials and contracting officers. The Defense Department has taken a very good first step in developing appropriate guidance. However, the next steps are more critical: providing the training and assurances that the guidance will be appropriately implemented.