Author Archives: Gerald Barnett

Initial inventors, cumulative development, and the public covenant in federally supported inventions, 1

In “Overplaying the innovation card: The stronger intellectual property rights and competition law,” Steven Anderman makes a distinction between “initial inventor rights” and the rights of “cumulative” innovation. Anderman argues that intellectual property laws must balance these two sets of … Continue reading

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Parsing Federal Security Agency Order 110-1 (1952)

There once was an active debate around whether the federal government should support research just to support research. Vannevar Bush’s Science the Endless Frontier formed part of this debate, and did a great deal to seal the case for government … Continue reading

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The Unofficial University of Wisconsin Patent Policy, c. 1960

In his 1962 compendium of university patent policies, Archie Palmer noted that the University of Wisconsin had no formal patent policy. By then, Wisconsin was an outlier among research universities, most of which had some statement regarding patents and inventions. … Continue reading

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Getting at the truth about Bayh-Dole’s impact, Part 5

Now we get to the crunch of Catherine Kirby’s blog article–published at a Rice University web site for entrepreneurship–with the section “Did the Bill Work?” Since the passage of the Bayh-Dole Act, more than 5,000 new companies have formed from federally … Continue reading

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Getting at the truth about Bayh-Dole’s impact, Part 4

We are looking in on a student blog post at the Rice University McNair Center for Entrepreneurship and Innovation. The article is useful for reciting in the wild a number of arguments that claim Bayh-Dole has had a positive impact. … Continue reading

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Getting at the truth of Bayh-Dole’s impact, Part 3

We are working through a student account of Bayh-Dole posted at a Rice University entrepreneurship center. The post is helpful in repeating commonly accepted claims about Bayh-Dole. Our interest is not so much in arguing the limitations of the post … Continue reading

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Getting at the truth about Bayh-Dole’s impact, Part 2

We are working through the opening paragraph of a student’s account of the Bayh-Dole Act. The account creates the opportunity for a discussion about the impact of Bayh-Dole and the strange spin that has become widely accepted about what Bayh-Dole has … Continue reading

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Use the government license in Bayh-Dole

According to news reports (here’s where I first read about it–follow the link there to the article in the Baltimore Sun), the state of Maryland is attempting to deal with high drug prices through legislation that gives the state the right … Continue reading

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Getting at the truth about Bayh-Dole’s impact, Part 1

Last December Catherine Kirby, a student at Rice University, posted “The True Impact of the Bayh-Dole Act” at the McNair Institute for Entrepreneurship and Innovation. Her article got called out in a tweet by Daniel Garisto as an instance of … Continue reading

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SPRCing of Bayh-Dole, Expanded

I added an additional section to an article I wrote in 2010. It drives at the mistaken claim that Bayh-Dole endorses the idea that nonprofit institutions should own the inventive work of faculty supported by federal funds. There is nothing … Continue reading

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