Crap, crap, crap, Bayh-Dole, and crap talking points

Think of these as presentation slides, but without the actual mental pain of seeing slides.


has failed to produce the outcomes claimed
has destroyed university research freedom and technology transfer
is a drafting nightmare of inconsistencies, half-hearted gestures, and red tape
lacks public oversight, accountability, right of appeal, and enforcement


don’t comply with Bayh-Dole’s patent rights clauses
misrepresent Bayh-Dole
misrepresent their technology transfer metrics
take ownership of and botch research findings that they have no right to

Federal agencies

don’t comply with Bayh-Dole
don’t enforce the standard patent rights clauses authorized by Bayh-Dole
don’t use the rights Bayh-Dole reserves for them
don’t protect the public from abuse of patent monopolies on public work

Bayh-Dole practice

undermines university research
suppresses use of research assets
caters to patent speculators over early adopters
puts a bureaucrat’s thumb in every beneficial research result
is parasitic, not catalytic

Nothing demonstrates that Bayh-Dole has been successful. Bayh-Dole is a dismal failure.

Repeal Bayh-Dole
Re-instate the Kennedy patent policy
Forbid restart of IPA programs
Follow the 1947 AG’s report
Forbid federal exclusive patent licensing

Fund development of inventions important enough to patent and which are directed to the objectives of publicly funded work, then release non-exclusive, royalty-free, condition-free.

Companies with real markets may retain rights in inventions they acquire made in federally funded work, with a license to practice to the government, except in public health and when a federal agency funds development.

Nonprofits and contract research organizations can retain patent rights on a public showing that their holding exclusive rights better serves the public than does open access. They get three years from patent issue to prove themselves right or what they’ve claimed goes open.

Stipulate that no nonprofit or university gets any federal research funding if it makes any claims on anything in federally supported research.  Inventors may make claims. The public may make claims. That’s it.

Crap, crap, crap, Bayh-Dole, and crap.

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