Category Archives: Bayh-Dole

Penn State’s Protection Racket, 12: Policy and Contract

Policy in a university distributes authority, identifies purposes, and establishes procedures. Policy, for instance, establishes the conditions for faculty appointments. But the actual appointment of a given faculty member requires an act by an administrator on behalf of the university. … Continue reading

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Bayh-Dole Bombast in Penn State’s 2001 Report on Technology Transfer

In 2001, Eva Pell, Penn State’s Vice President for Research prepared a report for the Trustees on “technology transfer.” In the discussion about why universities should be involved in technology transfer, Pell includes the following account of Bayh-Dole: Until 1980, … Continue reading

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Patent Exploitation Alternatives

A patent allows a patent owner to exclude others from practicing the invention claimed by the patent–including any of its variants. A patent owner thus has a limited monopoly on the practice of the invention–making the invention, using the invention, … Continue reading

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Key Concept 5: Public Covenant (Addendum)

The Need for a Public Covenant A public covenant attached to a patent property right reflects a determination that the federal patent system, on its own, is not adequate to a given governmental or private purpose. We might say, a … Continue reading

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Key Concept 5: Public Covenant

A Limitation on a Patent Property  A patent public covenant is a restriction or obligation that runs with a patent property, creating requirements not arising otherwise from federal patent law. The expectation of such a covenant is that the restriction … Continue reading

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The Special Case Keeps Giving

Here is the special case university research invention. I have expanded it to show the logic. A special case invention is one that cannot be used without “development” and the “development” involves substantial effort at private expense and the “development” … Continue reading

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What Universities Don’t Report Under Bayh-Dole, But Ought To

Here’s the reporting requirement in Stevenson-Wydler for federal agencies operating technology transfer programs under Bayh-Dole (35 USC 207, 209). I’ll make some comments in between portions of the text: (A) an explanation of the agency’s technology transfer program for the … Continue reading

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What should the federal government do with patents it issues to itself? Part 4

The question of who ought to control inventions made by independent investigators is at the root of Bayh-Dole. Without federal funding, such investigators would give up rights in inventions only according to their own interests. They would be free of … Continue reading

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What should the federal government do with patents it issues to itself? Part 3

Here is one of the most provocative parts of Vannevar Bush’s Science the Endless Frontier: Science Is a Proper Concern of Government It has been basic United States policy that Government should foster the opening of new frontiers. It opened … Continue reading

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The NIH’s View of Bayh-Dole Compliance

In 2015, Ann Hammersla gave a talk at an NIH Regional Seminar that include Bayh-Dole. There are numerous problems with Hammersla’s treatment of Bayh-Dole, but we’ll leave most of those for the attentive reader to pick through. Let’s look at … Continue reading

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