Author Archives: Gerald Barnett

Bayh-Dole Nutshell 1: Use it or lose it

If you don’t achieve practical application in a reasonable time, you lose the right to enforce your patent.  Bayh-Dole’s fundamental policy is that the patent system must be used to promote the utilization of inventions arising from federally supported research … Continue reading

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Federal agency patent enforcement under Bayh-Dole, 6

Bayh-Dole devotes two sections to federal disposition of patents, 35 USC 207 and 209. These sections are then codified at 37 CFR 404. There, the regulations limit the scope of Bayh-Dole (37 CFR 404.2): It is the policy and objective … Continue reading

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Federal agency patent enforcement under Bayh-Dole, 5

Let’s work through the situation on federal ownership of inventions outside of Bayh-Dole protocols for acquiring inventions from contractors that screw up their patenting of subject inventions. Again, we are looking for any indication that federal agencies, in acquiring patents, … Continue reading

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More NIH Bayh-Dole Slop

The NIH cannot get Bayh-Dole right. Or maybe the NIH doesn’t want to get Bayh-Dole right. Here’s an NIH announcement from 2018 about policy changes, “Notice Regarding 2018 Bayh-Dole Act Final Rule – Rights to Federally Funded Inventions and Licensing … Continue reading

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Federal agency patent enforcement under Bayh-Dole, 4

We are working through the contention that Bayh-Dole does not authorize federal agencies to enforce patents on federally owned inventions. It’s clear that there is no such authorization in Bayh-Dole, though the law authorizes everything else–getting patents, licensing patents, administrating … Continue reading

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Repeal 35 USC 207 and 209, barriers to public use of federally owned inventions

Bayh-Dole does not authorize federal agencies to enforce patents on federally owned inventions. Federal agencies do not need patent enforcement for non-exclusive licensing. give up enforcement in exclusive licensing. Federal exclusive licensing is ineffectual and disrupts rather than promotes public … Continue reading

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Time for an executive order to bring federal agencies into compliance with Bayh-Dole

Bayh-Dole precludes federal enforcement of federally owned patents. The president should issue an executive order confirming this situation by forbidding federal agencies to enforce patent rights covering federally owned patents. Doing so would remove a huge barrier to public utilization … Continue reading

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The point at which federal patent policy in 1971 broke from public interest

Here’s the point at which federal patent policy broke from the public interest. In 1971, President Nixon revised the Kennedy patent policy. One of the revisions was to the federal disposition of inventions. Here’s Kennedy: Government-owned patents shall be made … Continue reading

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Federal agency patent enforcement under Bayh-Dole, 3

I have made the claim that Bayh-Dole nowhere expressly authorizes federal agencies to enforce patents on federally owned inventions. There’s no express authorization for federal agencies to enforce patent rights. But perhaps there’s an implied right for the government to … Continue reading

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Federal agency patent enforcement under Bayh-Dole, 2

We are working through two assertions about Bayh-Dole. The first is rather easy–Bayh-Dole does not anywhere give federal agencies the right to enforce patents on federally owned inventions. It’s not there. It’s not a matter of much argument. The second … Continue reading

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