Author Archives: Gerald Barnett

UW Continues to Ride Fake Startup Metrics

From 2008 to 2015, the University of Washington faked its startup metrics and won itself awards and reputation for its entrepreneurial and innovative chops. University administrators concocted a story about startups and repeated it regularly, expressly endorsed by the university’s … Continue reading

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28,000 federal patents and the monopoly meme went into a bar, 4

In 1980, in introducing S. 414, Senator Dole repeats the 28,000 patents meme: Now, however, it’s 5 percent, not 4 percent, and it’s not inventions licensed but rather inventions used. It’s a wonderful bit of bluffery. There’s nothing in Forman’s … Continue reading

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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 3

A careful read of Bayh-Dole and its omission of the patent agreement requirement argues not only did Bayh-Dole reverse the “presumption” of federal ownership of inventions made under contract but also repudiated the federal requirement that contractors own inventions so … Continue reading

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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 2

We are looking at how Bayh-Dole botches invention ownership. Where the Federal Procurement Regulations implemented in 1975 were clear, Bayh-Dole in 1980 is muddy. The FPR approach is simple: contractors must have patent agreements that ensure that contractors will be … Continue reading

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After Inventor Virtue

In After Virtue, Alasdair MacIntyre describes “emotivism” as the approach to morals that arose in the debris of the failed Enlightenment effort to find a rational basis for morals. Emotivism asserts that there can be no such rational framework and … Continue reading

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Seaplane as innovation vector

Here’s a film about the age of “flying boat” air service, The Flying Boats. Air mail service provided the entry point to develop the infrastructure that set the stage for the development of commercial passenger service. The Lake Union Virtual … Continue reading

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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 1

Bayh-Dole botches its management of invention ownership. To see how, we need to look at how Bayh-Dole in 1980 changed the Federal Procurement Regulations put in place in 1975. In particular, let’s look at how the definition of subject invention … Continue reading

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A clever misrepresentation at the origin of Bayh-Dole

Let’s see if we can isolate the origin of the Bayh-Dole Act. In about four minutes, you will read the following again: The roots, then, of Bayh-Dole are to be found in a mischaracterization of the Harbridge House report of … Continue reading

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Illusions of Bayh-Dole: “manufactured substantially” 6

Now let’s look at Bayh-Dole’s treatment of federal employees who make inventions. Actually, there’s nothing in Bayh-Dole about it–Bayh-Dole applies only when a federal agency grants licenses to the inventions it owns. When the federal government allows a federal employee … Continue reading

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Illusions of Bayh-Dole: “manufactured substantially” 5

Bayh-Dole’s statement of policy at 35 USC 200 includes a provision calling for the use of the patent system “to promote the commercialization and public availability of inventions made in the United States by United States industry and labor.” Folks … Continue reading

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