Monthly Archives: November 2017

Even the $100K/yr drugs don’t much work

Advocates for Bayh-Dole make a great deal over the number of drugs that involve university patents that have been approved since the passage of the Bayh-Dole Act. One of their measures is the number of drugs that have been developed. … Continue reading

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Taking Apart APLU’s Talking Points on Bayh-Dole, 4

One more bit about Bayh-Dole in the APLU Talking Points: Before 1980, fewer than 250 patents were issued to U.S. universities annually; discoveries were rarely commercialized for the public’s benefit. By contrast, according to a recent survey by the Association … Continue reading

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Taking Apart APLU’s Talking Points on Bayh-Dole, 3

We are working through APLU’s Talking Points on the cash cows of Bayh-Dole, commercialization, entrepreneurship and whatever else the federal government can be induced to fund. The APLU Talking Points turn next to what the federal government should do to … Continue reading

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Taking Apart APLU’s Talking Points on Bayh-Dole, 2

We are working through APLU’s Talking Points on the cash cows of Bayh-Dole, commercialization, entrepreneurship and whatever else the federal government can be induced to fund. We reach a talking point in bold. It must be more important than the … Continue reading

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Taking Apart APLU’s Talking Points on Bayh-Dole, 1

The APLU has published a set of talking points about a bunch of things (original spelling retained): TALKING POINTS: UNIVERISTY TECHNOLOGY COMMERCIALIZATION, FEDERAL RESEARCH FUNDING, THE BAYH-DOLE ACT, AND FEDERAL SUPPORT FOR ENTREPRENURSHIP/GAP FUNDING PROGRAMS Let’s call them “cash cows” … Continue reading

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Bogus intended incentives of the patent system

Here is an article espousing the virtues of the Bayh-Dole Act by Joe Allen, posted by the University of Rochester’s “URVentures.” Here’s one bit: Prior to Bayh-Dole, when the federal government took invention rights away from their creators making them available … Continue reading

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The Bayh-Dole implications of “big” projects created by university policies and practices

In the usual depictions of the Bayh-Dole Act, the emphasis gets put on university ownership of inventions made with federal support. What is not pointed out is that Bayh-Dole not only allows (but does not require) such ownership, but makes … Continue reading

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Let me come in again. Three ways an invention meets the definition of “subject invention.”

Here are the three basic ways to make an invention made with federal support meet the definition of “subject invention.” I said there were two ways when there were really three, but hey, this is the advanced course. Accept assignment … Continue reading

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Continued Employment as Consideration

Here is a nice article that worries whether continued employment is sufficient to create an enforceable obligation to assign inventions to an employer: “Is Continued Employment Enough to Uphold Invention Assignment Agreements?” The brief answer is, yes. Add the qualifications: … Continue reading

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When a university and a company love America so much that they produce usable technology and dedicate it to be practiced for any government purpose, 2

How would one know whether a project is a big project, or a subject invention is a big subject invention, or a commercial product just another instance of that big subject invention, with a full license already granted to the … Continue reading

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