innovations than was previously the case. The trend in patents awarded related to plant bio-
technologies between 1980 and 2000 clearly illustrates the overall increase in patenting
activity in this sector (Fig. 14.1).
Since the early 1980s, other fundamental changes in the nature and ownership of inno-
vations in basic and applied agricultural research have complicated the mission of public
research institutions. The primary change was the passage of theBayh–Dole Act, which
encouraged US universities to patent their innovations and license them to private-sector
companies in order to encourage their commercial use. Since that time, patenting by
public research institutions and universities as well as the development of formal technol-
ogy transfer mechanisms have accelerated. Figure 14.2 illustrates the public sector’s contri-
butions to patented inventions in the area of plant biotechnology as compared with patents
across all technology sectors. These data show that while public-sector institutions contrib-
ute to only about 2.7% of patents overall, their contribution to agricultural biotechnology
patents is nearly an order of magnitude greater—contributing approximately 24% of all
patents (Graff et al. 2003). While this trend has contributed to many positive economic out-
comes, these new policies have also created challenges for public research institutions and
universities in supporting broad innovation, particularly for agricultural applications
that address small markets such as specialty crops or that support humanitarian, rather
than commercial, purposes.
Figure 14.2.Distribution of assignment of US patents from 1982 to 2001 to private and public insti-
tutions: (a) all patents; (b) agricultural biotechnology patents; (c) public-sector agricultural biotech-
nology patents [adapted from Graff et al. (2003); used with permission]. See color insert.
330 INTELLECTUAL PROPERTY IN AGRICULTURAL BIOTECHNOLOGY