Monthly Archives: May 2017

How Bayh-Dole went wrong and what might be done, 3

Patents the government issues to itself The attributes of ordinary patents make little sense in the context of the federal government issuing to itself a patent. The government has no profit motive from the patent system. The U.S. patent system … Continue reading

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How Bayh-Dole went wrong and what might be done, 2

The nature of federal research contracts Let’s work through how Bayh-Dole might have been structured. We start with the nature of federal contracts. A federal contract is not quite like a conventional contract formed under state laws. The federal government … Continue reading

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How Bayh-Dole went wrong and what might be done, 1

This article starts a series on structural problems in Bayh-Dole. As an architecture to take ownership of inventions from university investigators, Bayh-Dole suffers from significant flaws. The effort by university patent brokers and their biotech partners has been to cover … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 14

The start is here: The IPA and Wisconsin’s 1969 Patent Policy, 1 Three sorts of university invention We can then distinguish three sorts of invention arising in federally funded research at universities: inventive tools, inventive tools that can be sold … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 13

Things start here: The IPA and Wisconsin’s 1969 Patent Policy, 1 The Harbridge House report According to the Harbridge House report on federal patent policy, from the 1930s until the 1950s, the pharmaceutical industry was the primary source of funding … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 12

This series starts here: The IPA and Wisconsin’s 1969 Patent Policy, 1 How history informs the present Why spend all this time on a lost university policy from 1969 in response to a canceled IPA program? After all, we have … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 11

The article starts way back at 1: The IPA and Wisconsin’s 1969 Patent Policy, 1 Capitalism and commons The dichotomy between capitalism and commons is even evident in the history of WARF. Here’s a footnote from Cronon and Jenkins on … Continue reading

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Fair pricing and the Army’s Zika vaccine

Summary: The Army does not need to require fair pricing in general as a condition of an exclusive patent license with Sanofi for its Zika vaccine inventions. To achieve fair pricing, the Army must intend to exercise its government license to practice … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 10

This series starts here: The IPA and Wisconsin’s 1969 Patent Policy, 1 Medicinal chemistry drives the whole of federal patent policy The IPA program, revived in 1968 by the NIH following the Harbridge House report, which singled out medicinal chemistry … Continue reading

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The Bush Engine of Technology Innovation

Vannevar Bush argued that it was a proper role for the federal government to support scientific research. This proposition today is regarded as a truth that hardly needs justification. But in Science the Endless Frontier, Bush was not arguing for … Continue reading

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