Monthly Archives: September 2017

The laboratory and discovery

It’s a nice thought that faculty and students make their discoveries “in the lab” as a recent APLU infographic depicts. There certainly are discoveries made in laboratory work. But discoveries are also made out collecting samples, and in work shops, … Continue reading

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Fenn and Shaw

Here are two court decisions at cross-purposes. In 1997, Shaw v The Regents of the University of California held that a patent agreement should be interpreted using common law of contracts and rejected the Regents contention that its patent policy … Continue reading

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The Key Provisions of Bayh-Dole

Now, with all that fusstation from the University of Pittsburgh out of the way, we might ask then what are the “key provisions” of Bayh-Dole that a university should make faculty and the public aware of. Only One Key Provision … Continue reading

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The University of Pittsburgh’s Fake News Summary of Bayh-Dole, 4

We are working through the University of Pittsburgh summary of the Bayh-Dole Act, and I at least am getting increasingly grouchy as I do. How can someone writing for university faculty “innovators” get things so wrong in some many places? … Continue reading

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The University of Pittsburgh’s Fake News Summary of Bayh-Dole, 3

We are working through the fake history published by the University of Pittsburgh regarding the Bayh-Dole Act and its “key provisions.” “Fake” is too light a word for it, but it’s trendy and so people get the general idea. Really, … Continue reading

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The University of Pittsburgh’s Fake News Summary of Bayh-Dole, 2

We are working through the University of Pittsburgh’s account of the Bayh-Dole Act since AUTM has called it out as worth reading. We need to pause and consider some real history to work out of our imaginations the fake history … Continue reading

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The University of Pittsburgh’s Fake News Summary of Bayh-Dole, 1

AUTM a few weeks ago pointed favorably to a description of the Bayh-Dole Act posted by the University of Pittsburgh. Let’s have a look, then. The post is titled “What It Means for Technology Commercialization.” While “It” is ominous in … Continue reading

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A Brief History of “Of” in Federal Invention Regulations

In Stanford v Roche, the Supreme Court ruled that “of the contractor” in the definition of “Subject Invention” meant “owned by the contractor” and not “made by employees with the use of federal funds.” Here’s the Court: Stanford asserts that … Continue reading

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Getting off your UFRDA

In 1981, Senator Harrison Schmidt introduced a bill to replace Bayh-Dole with a more general law regarding inventions made with federal support, the “Uniform Federal Research and Development Act of 1981.” It doesn’t appear that the university patent brokers had … Continue reading

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Nolo Press Still Confused About Bayh-Dole, 2

Now the Nolo page turns to Stanford v Roche. Given how Nolo can’t seem to get much at all right about Bayh-Dole, what do you think the odds are with Stanford v Roche? Stanford v. Roche (2011): The Supreme Court … Continue reading

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