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Monthly Archives: April 2012
What rot hath Bayh-Dole wrought?
What hath Bayh-Dole wrought? Or, more pointedly, what have university invention administrators done with the opportunity presented by Bayh-Dole? Over the past 30 years, university administrators have successfully: Changed a clustered federal system of patent accumulation for open release into … Continue reading
Posted in Bayh-Dole, Policy
Tagged Bayh-Dole, compulsory ownershp
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What is and what should never be
I have a special regard for the Bayh-Dole Act from spending so much time working with it. I am impressed with the way that it balances uniform agency policy regarding federally supported inventions with the diversity of practices potentially available … Continue reading
Posted in Bayh-Dole, Stanford v Roche, Technology Transfer
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A map of the Atlantic
The Atlantic has published yet another retrenchment piece by Allen and Bayh. At least there is no question where they stand on the matter: comprehensive, compulsory stripping of faculty rights to inventions is the way to prosperity and should be … Continue reading
Posted in Bayh-Dole, Policy, Technology Transfer
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The Dumbest Possible Model
It’s hard to describe how devastating the Stanford v Roche decision is to autocracy-minded university bureaucrats. They claimed Bayh-Dole requires university ownership. So they instituted policies that require university ownership, “to comply with Bayh-Dole”. Then they argued in Stanford v Roche … Continue reading
How Bayh-Dole was used to expand university IP claims
I’ve put together a graphic that shows a cascade of possible places where a university and faculty might consider the matter of ownership of inventions and works of authorship. I’ve arranged things into various rows, each with a corresponding letter … Continue reading
Posted in Bayh-Dole, History, Policy, Present Assignment, Stanford v Roche, Technology Transfer
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A carefully crafted scheme
How should a federal government deal with ownership of inventions made at universities with federal support? Consider the situation that existed at the time the Bayh-Dole Act was being implemented. Many universities did not have technology transfer offices of the … Continue reading
Posted in Bayh-Dole, History, Policy, Technology Transfer
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A present assignment wouldn’t have saved Stanford claim
Since the topic keeps coming up, let’s look again at Stanford v Roche. The standard analysis is that the case teaches universities that they have to make their invention assignment agreements “tighter”. The argument goes, in Stanford v Roche a … Continue reading
Posted in Bayh-Dole, Policy, Present Assignment, Stanford v Roche, Technology Transfer
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A serious flaw in a paper about a serious flaw in Bayh-Dole that isn’t a flaw
A recent paper argues that there’s a hole in Bayh-Dole’s treatment of assignments. I thought that for a while, but then I went and read the law and the implementing regulations and realized that there was no hole. In Stanford … Continue reading
Posted in Bayh-Dole, Innovation, Policy, Technology Transfer
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The Retrenchment Movement
The Stanford v. Roche case was about how universities get ownership of inventions under Bayh-Dole. Stanford argued vesting. The Solicitor General argued voiding all other alternatives. WARF argued faculty were gullible, inept, and selfish. AUTM threw sticks and dirt in … Continue reading
Posted in Bayh-Dole, Policy, Stanford v Roche, Technology Transfer
Tagged Bayh-Dole, Stanford v Roche
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Penn State gets innovative
[updated 5/31/16 to repair/replace broken links; PSU has removed the committee report proposing the change in industry contracting requirements] Penn State has for years been one of the leaders in industry sponsored research. In the past few months, they have … Continue reading
Posted in Policy, Sponsored Research, Technology Transfer
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