WORLD SCI-TECH R&D ›› 2022, Vol. 44 ›› Issue (2): 185-198.doi: 10.16507/j.issn.1006-6055.2021.08.001

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Research on the Transformation System of Scientific and Technological Achievements Funded by Federal Research and Development Funds in the United States

MA Biyu   

  1. Law School, Yunnan University, Kunming 650091, China
  • Online:2022-04-25 Published:2022-05-05

Abstract: Promoting the transformation of scientific and technological achievements funded by public finance is an important task of the innovation-driven development strategy. It is necessary to discuss ways to improve the related system from the perspective of comparative law. The federal research and development funds in the United State are managed by two modes of budget expenditure and secondary allocation, which are mainly implemented by various federal laboratories and universities. The scientific and technological achievements funded by budget expenditure are subject to 15 U.S.C. (Commerce and Trade). Under this term, the scientific and technological achievements belong to the federal government, and could be applied by means of transfer or license. The scientific and technological achievements funded by competitive projects are subject to the Bayh-Dole Act of 35 U.S.C (Patents). Under these terms, the patents belong to non-federal contractors if they claimed the rights, and the patent could be only applied by license. Both models enable institutions to establish flexible and diverse partnerships with industry and value the transfer of scientific and technological achievements to small businesses.

Key words: United States Federal Government, Research and Development Funds, Scientific and Technological Achievements, Transformation