Abstract: In America, the differences between market-oriented universities and government-oriented federal laboratories have a direct influence on American technology transfer policies. “Stevenson-Wydler Technology Innovation Act” and “Bayh–Dole Act” passed at 1980 established the core system for technology transfer in federal laboratories and universities, respectively. The former act emphasizes the “definition of obligations”, while the latter stresses the “decentralization of right”. Although these two acts are intertwining with each other constantly, but their distinct internal logics are unchanged. However, in China, the above mentioned difference is totally neglected during the legal migration process. In this paper, the experience in America is studied to help improve “Bayh-Dole rule” and national research institutions construction in China.

Key words: &ldquo, Bayh&ndash, Dole Act&rdquo