Monthly Archives: February 2017

Free Competition and Enterprise in Bayh-Dole

One reason that Bayh-Dole is so difficult to parse is that there are multiple levels at work. It’s easier to just say that Bayh-Dole gives universities ownership of inventions made with federal support, and they can do anything they want … Continue reading

Posted in Bayh-Dole, Freedom, Innovation | Leave a comment

Negotiating a share of royalties under Bayh-Dole

In his amicus brief to the Supreme Court in the Stanford v Roche case, former Senator Birch Bayh made an odd claim–that inventors had the right to negotiate royalties with the universities that took ownership of their inventions: Rather, Congress … Continue reading

Posted in Bayh-Dole | Leave a comment

Affordances, Innovation, and University Patents

I first hit affordances in Don Norman’s book The Design of Everyday Things. Here’s some key points: The term affordance refers to the relationship between a physical object and a person . . . . An affordance is a relationship between … Continue reading

Posted in Innovation | Leave a comment

University IP Bustle and Evidence for Bayh-Dole’s Performance

There are any number of assertions that the Bayh-Dole Act has been wildly successful. Even many critics of Bayh-Dole start from the position that Bayh-Dole is successful, and then carp about bits of collateral damage and beg for crumbs and … Continue reading

Posted in Bayh-Dole | Leave a comment

Exclusive licenses, assignments, and ticks, Part 4

Per Bayh-Dole, universities should not create “gray” areas in which nonprofits allow exclusive licensees the rights that only an assignee should have and at the same time not transfer to those exclusive licensees the public covenant required by (k) of … Continue reading

Posted in Agreements, Bayh-Dole, Bozonet | Leave a comment

Exclusive licenses, assignments, and ticks, Part 3

We may now come back around to our primary interest–does the WU Exclusive License template agreement assign patent rights? The answer appears to be yes, it does. It grants exclusive rights to make, use, and sell, leaving only vestigial rights … Continue reading

Posted in Agreements, Bayh-Dole | Leave a comment