Author Archives: Gerald Barnett

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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Emory’s Confusion Over Bayh-Dole and Copyright, 2

We are working through a recent article posted at Emory University’s technology transfer site. It claims that Bayh-Dole has something to do with copyrights and data, asserts that the reporting requirements are complicated, and then fusses around trying to make … Continue reading

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Emory’s Confusion Over Bayh-Dole and Copyright, 1

Confusion is like spilled milk. It’s only a mess because it has been spilled, and the effort to clean it up is much greater than the effort to pour a glass of milk to drink. Thus we have two articles … Continue reading

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Thinking about projects, small and big–6

We have looked at projects. Small projects can be pieces of bigger projects. It’s the big project that controls. Now let’s look at inventions, small and greater. We will see roughly the same thing: the idea of “invention” can be … Continue reading

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The Rat in Bayh-Dole’s Rotten Pickle Barrel: 35 USC 202(c)(5)

Most of the Bayh-Dole pundits out there in the university patent and license world have never understood Bayh-Dole. I’m not sure all that many have read the statute. Certainly if they did so, they read without comprehension. Take this recent … Continue reading

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Thinking about projects, small and big–5

Consider the implications of an assignment of an invention in the context of big projects and greater inventions. If one assigns an invention, having already granted a license to that invention, then the license follows the assignment–unless, of course, the … Continue reading

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Regulatory Blah-Blah and the Public Interest in Inventions

Look, if two different units of the same company come to you to support research, and the units offer different and conflicting terms for their funding, then you tell them to knock their heads together and figure out just what … Continue reading

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Thinking about projects, small and big–4

Let’s repeat, for the sake of emphasis. If a sponsor supports a project, and that project is part of a larger project, then the sponsor necessarily also supports the larger project. It doesn’t matter that there is separate accounting for … Continue reading

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Thinking about projects, small and big–3

We have used a scenario to illustrate the relationship between small projects and big projects in a university research environment. In a sense, this relationship between projects is one of the key drivers of research enterprise. It’s not just that … Continue reading

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