Monthly Archives: July 2017

Penn State’s 1940 Patent Policy

Penn State University created one of the earliest university patent policies. That policy was revised in 1940. Let’s have a look, and then consider more recent policy statements at Penn State. Like many early university patent policies, Penn State’s policy … Continue reading

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Bayh-Dole Bombast in Penn State’s 2001 Report on Technology Transfer

In 2001, Eva Pell, Penn State’s Vice President for Research prepared a report for the Trustees on “technology transfer.” In the discussion about why universities should be involved in technology transfer, Pell includes the following account of Bayh-Dole: Until 1980, … Continue reading

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Posting Update

It’s been a busy couple of weeks here. I’m in Santa Cruz for a few days helping with painting the house with my daughter and her husband. I’ve got a new set of articles almost ready to go, but they … Continue reading

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Patent Exploitation Alternatives

A patent allows a patent owner to exclude others from practicing the invention claimed by the patent–including any of its variants. A patent owner thus has a limited monopoly on the practice of the invention–making the invention, using the invention, … Continue reading

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Key Concept 5: Public Covenant (Addendum)

The Need for a Public Covenant A public covenant attached to a patent property right reflects a determination that the federal patent system, on its own, is not adequate to a given governmental or private purpose. We might say, a … Continue reading

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Key Concept 5: Public Covenant

A Limitation on a Patent Property  A patent public covenant is a restriction or obligation that runs with a patent property, creating requirements not arising otherwise from federal patent law. The expectation of such a covenant is that the restriction … Continue reading

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“Protecting” university inventions

I answered a question on Quora a bit ago: How can I protect my invention after applying for a patent? In the context of the question, my answer has to do with what an individual might do to “protect” an invention. … Continue reading

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The Special Case Keeps Giving

Here is the special case university research invention. I have expanded it to show the logic. A special case invention is one that cannot be used without “development” and the “development” involves substantial effort at private expense and the “development” … Continue reading

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What Universities Don’t Report Under Bayh-Dole, But Ought To

Here’s the reporting requirement in Stevenson-Wydler for federal agencies operating technology transfer programs under Bayh-Dole (35 USC 207, 209). I’ll make some comments in between portions of the text: (A) an explanation of the agency’s technology transfer program for the … Continue reading

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What should the federal government do with patents it issues to itself? Part 4

The question of who ought to control inventions made by independent investigators is at the root of Bayh-Dole. Without federal funding, such investigators would give up rights in inventions only according to their own interests. They would be free of … Continue reading

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