Monthly Archives: November 2010

Rising Conflation

It would appear that many university patent administrators conflate electing to retain title with having title.   They want to do this.  They think this is a good thing. Bayh-Dole makes no express transfer of title from inventors to the employing … Continue reading

Posted in Bayh-Dole, Social Science, Technology Transfer | Leave a comment

SPRCing of Bayh-Dole

Bayh-Dole is implemented by federal agreements. There is no general statement in the Act that ownership of inventions previously with inventors is now with their employer hosts. Not outright, not by notice to the government. It is just not there. … Continue reading

Posted in Bayh-Dole | Leave a comment

The kid who kicked the hornet's nest

Folks should read Bayh-Dole carefully, closely. This would be a good time to lay out how folks think the law operates, and back up each claim with citations, and show how the claims and citations all work together. Nothing ignored, … Continue reading

Posted in Bayh-Dole | 1 Comment

In Defense of Inventor Liberty

University patent administrators are proposing a distorted reading of federal regulations in an effort to ensure that you never own your own inventions, even when you make them on your own time, outside of the use of university facilities.  They think it makes … Continue reading

Posted in Bayh-Dole, Social Science, Technology Transfer | Leave a comment

What if…Bayh-Dole is more clever than folks possibly imagine?

I am looking at the following argument.  It is a what-if.  It takes a very different approach to those arguments that assume that Stanford has a subject invention and is losing licensing income but for the action of an imprudent … Continue reading

Posted in Bayh-Dole | Leave a comment

Thanksgiving

With this holiday in America being a time for giving thanks after the harvest and for the establishment of a constitutional government devoted to safety and happiness, making it a truly economic celebration built on a recognition of the good … Continue reading

Posted in History, Social Science, Technology Transfer | Leave a comment

How is a Subject Invention perhaps like a Work For Hire?

Bayh-Dole defines a subject invention at 37 CFR 401.2(d) as “any invention of a contractor conceived or first actually reduced to practice in the performance of work under a funding agreement”. We have questions.  Let’s start with this one:  is … Continue reading

Posted in Bayh-Dole | Leave a comment

The Bitter Irony of Vesting

As you might have noticed if you have followed the development of my discussions on this blog, I have spent much time working through Bayh-Dole, often in association with the Stanford v. Roche case.  As I’ve pointed out, I am … Continue reading

Posted in Bayh-Dole, Technology Transfer | Leave a comment

For every scenario, other scenarios

AUTM imagines faculty researchers messing around with patent obligations and creating a situation where no one has undivided ownership of a research invention.  To AUTM, this is horrifying.  How can one make money  exclusively licensing to monopolists to make a … Continue reading

Posted in Agreements, IP, Sponsored Research, Technology Transfer | Leave a comment

IP in 3DP

There are a couple of articles out now looking at IP in 3d printing.  For the UK, see this article by Simon Bradshaw, Adrian Bowyer, and Patrick Haufe, and for the US, this white paper by Michael Weinberg.   These articles … Continue reading

Posted in 3D Printing, IP | Leave a comment