Monthly Archives: February 2016

Do what you have promised to do: Further consequences of (f)(2)

The (f)(2) requirement in the standard patent rights clause authorized by the Bayh-Dole Act is a requirement for the host university to delegate, to flow down, to subcontract a portion of the patent rights clause to technical employees involved in … Continue reading

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The First Principle of Bayh-Dole

Here is the First Principle of Bayh-Dole: A federal agency may not require the assignment to the federal government of an invention made with federal support at a nonprofit or United States small business if the inventors assign their patent … Continue reading

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Bayh-Dole Flow Down

Every so often I make an effort to show graphically how Bayh-Dole operates. The Bayh-Dole Act authorizes (1) the Department of Commerce to create regulations governing the disposition of patentable inventions made in the performance of work supported by the … Continue reading

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Florida Atlantic’s patent policy misrepresents Bayh-Dole four ways in just one sentence

I have been working on some ideas regarding scope, but each time I go to university patent policies to illustrate the issues, I find totally crazy stuff. Here’s a bit from the “General Comments” section of Florida Atlantic University’s patent policy [the … Continue reading

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Better drafted agreements get read more often

John Gruber at Daring Fireball points out the following clause in the new Amazon Web Services agreement: 57.10 Acceptable Use; Safety-Critical Systems. Your use of the Lumberyard Materials must comply with the AWS Acceptable Use Policy. The Lumberyard Materials are … Continue reading

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Life in the fast lane surely make you lose your infringement case

Here is a simple question: Can a university sue for infringement of a patent on a subject invention? Clearly, one answer is “of course”–universities do so all the time, often playing the troll or the jilted lover. Let’s put the question another way: Does … Continue reading

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Bayh-Dole, the bureaucratic solution to massive federal funding of faculty research

Prior to 1912, university faculty generally did not seek patents. Cottrell at the University of California created Research Corporation to act as an external agent to present his and other faculty members’ inventions to industry. The Board of Research Corporation … Continue reading

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