Author Archives: Gerald Barnett

Bayh-Dole Basics, 8: Reasonable Terms Comments-2

Now we get to government rights under march in. Here we have complications. In 1968, Norman Latker, NIH’s patent counsel, revived the Institutional Patent Agreement program, under which the NIH (and later the NSF) contracted with nonprofits so that a … Continue reading

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Bayh-Dole Basics, 8: Reasonable Terms Comments-1

This will be longish. It’s a document of the details. In a world where people spout TL;DR for most any issue of substance, and want a sound bite to gulp instead, this ain’t it. Perhaps we can get all brief … Continue reading

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Bayh-Dole Basics, 8: Reasonable Terms

Bayh-Dole policy (35 USC 200) that the patent system is to be used “to promote the utilization of inventions arising in federally supported research or development.” That “utilization” is then set forth in the definition of “practical application” (35 USC … Continue reading

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Patents, Medicines, Public Funding–2

We have distinguished four sorts of medical interventions–prevention, cure, facilitation, and alleviation. We have also argued that from a public health point of view, prevention and cure are tops, and facilitation and alleviation are great when they support prevention and … Continue reading

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Patents, Medicines, Public Funding–1

Let’s look at four areas of health “technology”: preventions, cures, facilitators, and alleviators. A prevention does just that–prevents an adverse health condition. A vaccine, for instance, prevents a disease (for many, and sometimes with adverse reactions, even deaths). Or, regular … Continue reading

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Bayh-Dole is thin soup when it comes to federal innovation policy

NIST wants march-in for Bayh-Dole’s section 203(a)(2) and (3) to be for “national emergencies” only. Section (a)(2) concerns health or safety needs that are not “reasonably satisfied.” Section (a)(3) concerns regulatory requirements that are not “reasonably satisfied.”  But the *price* … Continue reading

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More bad Bayh-Dole advice in the wild

Here are “three important questions answered” by a company specializing in Bayh-Dole compliance. (I’m sorry, Nikki. Have your people up their game.) 1) If you report an invention after the 60-day deadline, can the Government take title? Yes, the Government … Continue reading

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Research Enterprise Policy Issues: fragmentation of noisy research

We have looked at noisy research and quiet research. Policy folks don’t much care, but it appears to make a difference whether research is conducted quietly or noisily. In quiet research, variations are explored, applications considered, data assembled, evidence checked … Continue reading

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Research Enterprise Policy Issues: noisy work, quiet work

Let’s discuss practice around research, invention, and enterprise. Let’s start distinguish quiet work and noisy work. When someone is doing unprovoked research on their own–in the proverbial laboratory (institutional) or garage (unaffiliated, gadgeteer, entrepreneur), their work tends to be quiet. … Continue reading

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Typical Bayh-Dole wrongness in the wild

Here’s a 2017 article on Bayh-Dole, “Bullies and Beakers: How Large Universities are Squashing Research Competition and the Contractual Remedies to Solve It,” by Jonathan Fort, then a law student, published in the Washington University Journal of Law & Policy. … Continue reading

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