Author Archives: Gerald Barnett

Bayh-Dole Secrecy, Part 10

The 1984 change to Bayh-Dole conflates information that must be disclosed by federal agencies under FOIA with information that federal agencies must exclude from FOIA disclosure. This conflation itself violates FOIA. Bayh-Dole does not declare as a matter of law … Continue reading

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Posi are not ordinary patents

Here’s a passage from Thomas Kasëberg’s Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US: In this passage Kasëberg lays out the standard argument that there is no working requirement in US patent law. As the Supreme Court … Continue reading

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Bayh-Dole Secrecy, Part 9

The Bayh-Dole secrecy provisions ensure that there will not be public accountability that might challenge the illusion and the practices that take place behind its appearances. Thus, there is no use data for federally supported inventions. There is no licensing … Continue reading

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Bayh-Dole Secrecy, Part 8

I guess this ends up being a little book on Bayh-Dole and secrecy. Perhaps I should have titled it “Reasons Why Bayh-Dole Should Not Be Repealed” and made it blank, but for section headings. Then it might be a best … Continue reading

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Circumventing Bayh-Dole, Bonus Fitt

There is one more circumvention in Bayh-Dole that can be used to by-pass much of the onerous apparatus of the law. This circumvention involves an exploit of the almost totally ignored contractor license and march-in provisions in the standard patent rights … Continue reading

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Circumventing Bayh-Dole, Fitt the Fourth

We have been discussing contractor-side practices to circumvent Bayh-Dole. We can finish with yet another: 4) circumvention by regulatory procedure, by which federal agencies may reduce the attraction of contractor-side exploits that don’t end up serving the public interest. Circumvention by Regulatory … Continue reading

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Circumventing Bayh-Dole, Fitt the Third

We have been discussing circumventions of Bayh-Dole. The first set of circumventions are decidedly un-legal but universities do them anyway. Those of the second set, done with attention to detail, are allowed by Bayh-Dole and free university patent licensing practice … Continue reading

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Circumventing Bayh-Dole, Fitt the Second

Circumventing Bayh-Dole is easy. University administrators have been circumventing Bayh-Dole since the law became effective in 1981. Consider next 2) circumvention by exploit–to use Bayh-Dole’s limitations to end up with the best deal under Bayh-Dole and avoid public covenant requirements. … Continue reading

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Circumventing Bayh-Dole, Fitt the First

Circumventing Bayh-Dole is easy. University administrators have been circumventing Bayh-Dole since the law became effective in 1981. Let’s look at three sorts of circumvention: 1) circumvention for non-compliant convenience–to make Bayh-Dole do even better what people claim Bayh-Dole was intended … Continue reading

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Bayh-Dole Secrecy, Part 7

The story so far: Bayh-Dole’s secrecy provision regarding reports of invention use was changed in 1984 to make it appear that federal agencies had no discretion in the matter, and that they “shall” treat all information in invention use reports … Continue reading

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