Abstract:For a long time, Bayh-Dole Act has been regarded as a successful policy paradigm to solve the commercialization of public R&D. However, due to the differences in legal system background between China and the United States, there are some widespread misunderstandings about Bayh-Dole Act. Facing the complicated and changeable situation of Sino-US economic and trade friction and the realistic challenge that China's reform of the system of technology transfer has entered the deep water area, it is urgent to clarify comprehensively and systematically the rules and mechanisms of Bayh-Dole Act from three aspects:legal nature, reform and the institutional boundary, so as to properly deal with Sino-US economic and trade conflicts.