Author Archives: Gerald Barnett

“Promote” in Bayh-Dole, 3

We are working through the Public Citizen v NIH case. Public Citizen sought to make the NIH disclose key elements of its exclusive licensing practice, and NIH refused. The Court agreed with the NIH–that in the balance between public interest … Continue reading

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“Promote” in Bayh-Dole, 2

The meaning of “promote” in Bayh-Dole gets dealt with, though indirectly, in Public Citizen v. NIH (2002). In this case, Public Citizen, an advocacy group, sued the NIH in an effort to get the NIH to disclose certain particulars of … Continue reading

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Hormones and Patents

Graham Dutfield at the University of Leeds has published an article on the development of medical hormone products and patent law, “Patent on Steroids: What Hormones Tell Us about the Evolution of Patent Law.” The article doesn’t do as much … Continue reading

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“Promote” in Bayh-Dole, 1

In 2002, a district court provided an implicit interpretation of a key word in the Bayh-Dole Act. No, not “of”–but rather “promote.” Let’s look at “promote” in Bayh-Dole, and then at the case. The first section of Bayh-Dole, 35 USC … Continue reading

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NIST’s Explanation of the Addition of an Assignment Requirement

NIST added an assignment requirement to the standard patent rights clause authorized by Bayh-Dole. There’s no authority in Bayh-Dole, however, for an assignment requirement. The Supreme Court in Stanford v Roche made clear that Bayh-Dole does not vest ownership, does … Continue reading

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NIST does not understand the government license in Bayh-Dole

NIST has issued a draft green paper that consolidates all the fake history, pseudo data as fact, misrepresentations of Bayh-Dole, and misconceived proposals all in one convenient place. I can’t hope to catch everything, but let’s take a look at … Continue reading

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NIST’s “substantially fueled” premise for unleashing innovation

Here is a claim from the opening of a recent NIST report–1234–on “Unleashing American Innovation,” a “draft green paper”: The U.S. innovation system is substantially fueled by the discoveries and inventions arising from federally funded R&D at the Nation’s universities, … Continue reading

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Nine Points to Consider (with regard to AUTM’s licensing survey), 8-9

We are considering nine points with regard to AUTM’s annual licensing survey. We have got through seven points–not validated and with estimates, duplicate reporting, conflating technology and invention, activity measures giving the illusion of a process at work, no reporting … Continue reading

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Nine Points to Consider (with regard to AUTM’s licensing survey), 1-7

The Association of University Technology Managers, a front group for university licensing professionals, conducts an annual survey of the universities that its members work for. The survey asks for various metrics regarding inventions, patenting, licensing, startups, and revenue. The survey … Continue reading

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Nine Points to Consider (with regard to Bayh-Dole)

No matter how one takes apart the assertions of the advocates for the Bayh-Dole Act, they just keep coming back, like some obsessive combatant out of Road Warrior. In the articles here at Research Enterprise, I have documented and reasoned … Continue reading

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