Category Archives: Bayh-Dole

Bayh-Dole Government License–8: Foreign Licenses

Okay. I’ve had about enough of this webinar on Bayh-Dole’s government license. It’s not that the advice provided is unexpected–it is entirely conventional wisdom, from the description of the NIST Green Paper on government use rights to how to deal … Continue reading

Posted in Bayh-Dole | Tagged , , | Leave a comment

Bayh-Dole Government License–7: Software

The webinar then turns to government license in the context of software. Here things get confused again. Bayh-Dole states as policy–not merely rationale–that the patent system is to be used to promote the utilization of inventions arising from federally supported … Continue reading

Posted in Bayh-Dole | Tagged , , , | Leave a comment

Bayh-Dole Government License–6: Patenting Costs and Exclusivity

We are still following a webinar panel discussion of the government license to practice and have practiced in Bayh-Dole. The discussion gives us an opportunity to see the gulf between Bayh-Dole’s policy and objectives, and the scope of its government … Continue reading

Posted in Bayh-Dole | Tagged , , , | Leave a comment

Bayh-Dole Government License–5: Impact Beans

We are working through a recent “webinar” on the Bayh-Dole government license to practice and have practiced. In part, the webinar provides the opportunity to set some things right about Bayh-Dole and to resist the machinations of NIST to try … Continue reading

Posted in Bayh-Dole | Tagged , , , | Leave a comment

Bayh-Dole Government License–4: Licensing Despite the Government License

We are working through a recent “webinar” panel discussion on Bayh-Dole’s government license. The panelists get the government license wrong in material ways and then concern themselves with scenarios in which the government license as they represent it appears to … Continue reading

Posted in Bayh-Dole, Bozonet | Tagged , , , | Leave a comment

Bayh-Dole Government License–3: Sales and Have Made Paths

We are working through a recent webinar discussion of Bayh-Dole’s government license. First we reviewed the government license–it is “to practice and have practiced.” “Practice” has a long history of meaning “make, use, and sell” in the policy statements from … Continue reading

Posted in Bayh-Dole, Bozonet | Tagged , , , | Leave a comment

Bayh-Dole Government License–2: Misrepresenting the Government License

We have been through the Bayh-Dole government license at 35 USC 202(c)(4) and have reviewed its sources in executive branch patent policy from 1963 to 1975. Bayh-Dole was drafted in 1978-79, so the connection to the definitions and usage in … Continue reading

Posted in Bayh-Dole, Bozonet | Tagged , , , | Leave a comment

Bayh-Dole Government License–1: Practice and Have Practiced

NIST published a Green Paper that evidences its confusion with various aspects of Bayh-Dole. One of these areas of confusion involves the government license that Bayh-Dole requires in all federal research contracts, and in particular in the standard patent rights … Continue reading

Posted in Bayh-Dole, Technology Transfer | Tagged , , | Leave a comment

Follow up: What if a university fails to patent under Bayh-Dole?

If a university fails to patent under Bayh-Dole, nothing ever happens. But that’s not even the meaningful answer. Look, even if a university gets a patent on a subject invention–one arising from federally sponsored research or development–there’s absolutely nothing in … Continue reading

Posted in Bayh-Dole | Tagged , | Leave a comment

Q. What if a university fails to patent under Bayh-Dole? A. Heaven!

Here’s a new query on RE: “What if the university fails to patent under Bayh-Dole?” Answer: Nothing ever happens. Okay, let’s take more time with this question. First, let’s be clear. Under Bayh-Dole, universities have no obligation to use the … Continue reading

Posted in Bayh-Dole | Tagged , , , | Leave a comment