Monthly Archives: December 2017

The loss of public information in Bayh-Dole’s allocation of principal rights, 2

The effort to deal with government favoritism in handing out patent monopolies in areas of public welfare of direct interest to government requires a socially acceptable rationale. That rationale takes the form of a public covenant that runs with the … Continue reading

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The loss of public information in Bayh-Dole’s allocation of principal rights, 1

Under the Kennedy and then Nixon executive branch patent policies, contractors engaged in federally supported research or development–and which did not meet the ordinary conditions under which a contractor was allowed to retain ownership of inventions made with federal support–could … Continue reading

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Bayh-Dole and Clauses for domestic contracts, 1-9.107-6

Here’s Bayh-Dole’s definition of “subject invention”: The term “subject invention” means any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement: Provided, That in the case of a variety of plant, … Continue reading

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Merry Christmas!

Jane Jacobs observed that the purpose of economic life is us. Perhaps that goes as well for holidays–set aside for a moment the organized religion element, if you would–the purpose of Christmas, in a large sense, is us. The purpose … Continue reading

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Ten Points Regarding Bayh-Dole and Its Fantasizers

Here’s some things to consider about Bayh-Dole and university patent administration: 1. Bayh-Dole is part of federal patent law. Bayh-Dole defines a new category of patentable invention, the subject invention. Bayh-Dole defines a public covenant for subject inventions that runs … Continue reading

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Thinking about projects, small and big–8

Here’s the rub for “the work” that necessarily includes “commercialization.” Any license or assignment of an invention made in “the work” draws that licensee or assignee into “the work.” That licensee, to the extent that commercialization is a requirement of … Continue reading

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Thinking about projects, small and big–7

What have we got to by musing on research projects at universities? First, that a sponsor may support a big project by providing support to a small project that is a component of that big project. The sponsor who does … Continue reading

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More Contempt of the Supreme Court at the NIH

Here is more misrepresentation of Bayh-Dole from the NIH, the creator of Bayh-Dole, purporting to be advice for inventors: Under the Bayh-Dole Act, your institution as the grant recipient owns rights to the NIH-funded invention and has the right and obligation … Continue reading

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University Confusion Over Bayh-Dole and Copyright, 2

We are working through a recent article posted at Emory University’s technology transfer site [since thankfully removed]. The article claimed that Bayh-Dole has something to do with copyrights and data, asserted that the reporting requirements are complicated, and then fussed … Continue reading

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University Confusion Over Bayh-Dole and Copyright, 1

[This article comments on an article at Emory University’s technology transfer office’s web site. The article has finally been removed, so I have in turn removed some identifying elements. I’m keeping this article up, however, for the discussion of Bayh-Dole … Continue reading

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