Author Archives: Gerald Barnett

10 Oddities of 35 USC 210

The Bayh-Dole Act does not repeal prior law with regard to inventions arising from federally supported research or development. Instead, it selectively preempts statutes (with some exceptions). Here is the start of 35 USC 210(a): This chapter shall take precedence … Continue reading

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Bayh-Dole government-wide licenses

In a Twitter thread in which Jennifer Gunter argues that “Americans should not be bankrolling the pharmaceutical industry,” Steven Martin tweets Let’s work this through. There is no need to revise Bayh-Dole for state and municipal governments to authorize the … Continue reading

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Reagan’s Bayh-Dole cluster bungle

In 1987, President Reagan signed an executive order (12591) that aimed to legitimize his 1983 memorandum that instructed heads of executive branch departments and agencies to “promote the commercialization . . . of patentable results of federally funded research by … Continue reading

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Opportunism

A Quora answer links to a Youtube video about the Battle of Alesia, which took place in 52 BC between the Romans and Gauls. The video examines Julius Caeser’s strategy in defeating a larger army with a better position in … Continue reading

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The inefficiencies of Bayh-Dole discussions-1

A common approach to discussions of Bayh-Dole is (1) accept that what is happening is just what people say is happening–the law is working (as people claim), based on a politicized spun history (as people claim), based on a metrics … Continue reading

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A sense of proportion–5

One can see, then, where Bayh-Dole comes into play in this meaningless mess. Bayh-Dole was drafted by the same folks who created the IPA system. The IPA system was shut down in 1978 as ineffective and contrary to public policy. … Continue reading

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A sense of proportion–4

To lay it out in bullet points, the now dominant university patent-based approach to research inventions defaulting to exclusive licenses: fragments invention platforms with no way to restore them attracts speculative investors while pushing away companies raises barriers to early … Continue reading

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A sense of proportion–3

Prior to federal funding becoming the dominant source of university research funding, most universities operated their invention policies with a review committee that made recommendations to the university president with regard to particular inventions. The volume of invention reporting was … Continue reading

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A sense of proportion–2

University administrators have engaged in a thirty-year effort of research invention management that creates patent gridlock for what amounts to a tiny bit of the overall inventive activity in the country. That’s the black border area on this nice blue … Continue reading

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A sense of proportion–1

“If life is going to exist in a universe this size, the one thing it cannot afford to have is a sense of proportion.” —Douglas Adams, Hitchhikers Guide to the Galaxy In the Bayh-Dole era–1981 to the present–the US Patent … Continue reading

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