Author Archives: Gerald Barnett

Working through an old misrepresentation of Bayh-Dole, 3

I have previously pointed out the University of Rochester’s strange policy statement with regard to commercialization. This is part of Rochester’s new and stinky. There’s a statement that pops up on the Rochester site that it will be down for … Continue reading

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Working through an old misrepresentation of Bayh-Dole, 2

We have dived into an old, stinky document once on-line at the University of Rochester that misrepresents Bayh-Dole requirements. The document has since come down, but its shadow remains over Rochester invention policy and practice. Thus, it is worth reading … Continue reading

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Working through an old misrepresentation of Bayh-Dole, 1

I was doing some work to find a broken link and ended up at the web site of the University of Rochester Offices of Technology Transfer, as of July 6, 2011. Here’s a bit from their information “For Inventors: Commercialization … Continue reading

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International Response to Bayh-Dole

You may have heard that Bayh-Dole is the most perfect law to stimulate technological innovation and translate publicly supported research into public benefit by passing inventions through the hands of speculative investors to be made into commercial products, using patents … Continue reading

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Faux Bayh-Dole: patent and do whatever

Sweep away the unused parts of Bayh-Dole, and it looks like this: If a contractor acquires an invention made in work receiving federal funding, then the federal government cannot require assignment of the invention to the federal government unless the … Continue reading

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Bayh-Dole march-in won’t change drug prices but other things might–2

Now let’s look at alternatives to Bayh-Dole’s march-in procedures to address competition, public access, and prevention of unreasonable use, including price gouging. We will consider two within Bayh-Dole and two outside Bayh-Dole. The Bayh-Dole alternatives are: use the government license … Continue reading

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Bayh-Dole march-in won’t change drug prices but other things might–1

Folks think that somehow Bayh-Dole permits government take over of pharma patents and by doing this, somehow, the price of drugs will necessarily–magically–go down. Let’s work through this idea. Set aside for a moment that many drugs don’t do much … Continue reading

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War and Publification of Medicine Development, 3

Think of it this way, at least simplistically. You are patent counsel for the NIH in 1968. You have no control over how the NIH allocates funding, and the NIH chooses to fund lots of research and declines to fund … Continue reading

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War and Publification of Medicine Development, 2

The “war on disease” usage asserts a primary federal government role in directing the research and development of disease-directed therapies. The “war” usage asserts that the “market” for treating disease with new therapies–inventive therapies–is a governmental market, and that patents … Continue reading

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War and Publification of Medicine Development, 1

In 1944, President Roosevelt asked Vannevar Bush to respond to four questions (or, perhaps it was Vannevar Bush who arranged for President Roosevelt to ask him four questions). These questions formed the foundation for his report Science the Endless Frontier. … Continue reading

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