Author Archives: Gerald Barnett

Patent rights follow-up: from the FPR to BD–2

We are working through the Federal Procurement Regulations (1975) advice with regard to the exercise of rights in inventions made in projects receiving federal support. We have looked at the first part of the opening statement and made the point … Continue reading

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Patent rights follow-up: from the FPR to BD–1

Here’s some advice in the Federal Procurement Regulations (1975) with regard to the operation of the patent rights clause covering subject inventions. Bayh-Dole is built from the ruins of the IPA program and the FPR by the same folks who … Continue reading

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A null hypothesis for the ITIF panel on Bayh-Dole

The Information Technology & Innovation Foundation, a  self-described think tank based in Washington DC, will have a panel soon featuring Joe Allen and representatives from BIO and AUTM. Here’s the topic of the discussion: Join us on March 7 for … Continue reading

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Research, Nonresearch, and CDC Policy 557

The Centers for Disease Control has a document–Policy 557–that lays out when Institutional Review Board involvement is necessary with regard to distinctions between patient care and the involvement of patients in research. Here’s the basic policy: CDC has an ethical … Continue reading

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Are copyrights considered inventions under Bayh-Dole?

I saw a search show up here at Research Enterprise–“Are copyrights considered inventions under Bayh-Dole?” Simple answer. No. Brief answer. Copyright is a form of intellectual property. At one time, perhaps, the idea of copyright was itself a social invention. … Continue reading

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Another university misrepresents Bayh-Dole

Here’s another misrepresentation of Bayh-Dole by a university technology transfer office–at Loma Linda University. This statement is typical of what happens when someone relies on the information put out by organizations such as AUTM–information people ought to be able to … Continue reading

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Unhelpful NIAID guidance on Bayh-Dole, 2

We are working through another unhelpful NIAID document on Bayh-Dole. With such ubiquitous misinformation put out as authoritative, it is no wonder that Bayh-Dole has become an excuse for what amounts to ad hoc law, created by wonderful agreement between … Continue reading

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Unhelpful NIAID guidance on Bayh-Dole, 1

[NIAID had this document up for all of 2017, as far as I can tell. They have now removed it, and purged it from Google’s cache. But as far as I know, they have not corrected their misrepresentation nor broadcast … Continue reading

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Oh wow–short form

Bayh-Dole has to be broad Bayh-Dole’s scope has to be as broad as the broadest federal statute or regulation pertaining to federal rights to inventions. In Bayh-Dole, “subject invention” is defined broadly to include conception or first actual reduction to … Continue reading

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Oh wow. Implications of Bayh-Dole’s broad scope

For Bayh-Dole’s preemption to operate “uniformly,” Bayh-Dole’s scope has to be as broad as any federal statutes and executive branch patent policy. Since those statutes and executive branch patent policy do not worry who has ownership of any invention “arising … Continue reading

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