Author Archives: Gerald Barnett

Reflections on Shill Reflections on Bayh-Dole, 5: Incentives and basic research

We have been working through a set of reflections on Bayh-Dole by a set of patents-in-healthcare shills. We are at this claim: prior to the Act, the government often funded research to spark innovation, but then put the research in … Continue reading

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Reflections on Shill Reflections on Bayh-Dole, 4: Fake history, executive branch patent policy, and contamination

Back to reflecting on fake history, namely this: prior to the Act, the government often funded research to spark innovation, but then put the research in the public domain for non-exclusive licensing,… Executive branch patent policy from Kennedy on (until … Continue reading

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Reflections on Shill Reflections on Bayh-Dole, 3: Fake history, sparking innovation, and a pernicious requirement

[I have made revisions and additions and placed the second half of this article in part 4.] We are still reflecting on reflections on Bayh-Dole by “leaders” hoping that you will follow them. More: prior to the Act, the government … Continue reading

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Reflections on Shill Reflections on Bayh-Dole, 2: Commercialization and certainty

We are working through reflections of Bayh-Dole made by some iron rings in cows’ noses that claim to give milk–er, “industry leaders.” The exercise is useful not merely to mock them for their nonsense–mockery is here salutory and inclusive–but also … Continue reading

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Reflections on Shill Reflections on Bayh-Dole, 1: Intent and utilization

Rebecca Tapscott has posted an article at IP Watchdog, “Industry Leaders Reflect on Bayh-Dole at 40.” There are lots of problems with this article–and with the “leaders’” “reflections” when it comes to Bayh-Dole. But hey, folks are entitled to mis-remember … Continue reading

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University Patent Policy for Effective Technology Transfer, 2: Non-exclusive, voluntary, negotiated practice for effective technology transfer

We will get into the operational details of non-exclusive, voluntary, negotiated university IP management for effective technology transfer. Short answer–everything is navigable and has already been done, even if folks have forgotten how to do it. We can look at … Continue reading

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University Patent Policy for Effective Technology Transfer, 1: Outline

Universities have never had patent policies centered on technology transfer. Not back when, not now. It should come as no surprise that universities don’t track technology transfer and don’t report their outcomes. What would a university technology transfer IP policy … Continue reading

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The Wall Street Journal publishes an editorial against using Bayh-Dole march-in for remdesivir

Sally Pipes has published an op/ed piece at the Wall Street Journal on Bayh-Dole and Gilead, “The Remdesivir Patent Isn’t State Property.” There is so much going on with Pipes’s work. We should take a closer look. First, the title … Continue reading

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Bayh-Dole’s repeal is more worser Bayh-Dole

I’ve worked this idea before, but I will try again. What happens if Bayh-Dole is repealed? First, things fall back to EO 12591, which stipulates that the heads of federal departments and agencies shall, among other things (1)(b)(4): promote the … Continue reading

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AUTM weighs in on march-in for remdesivir

AUTM has issued a statement on march-in with respect to remdesivir. To date, AUTM has never supported march-in. This new statement is no exception. Howard Bremer, an AUTM founder back when AUTM was SUPA, worked on the implementing regulations for … Continue reading

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