Category Archives: Bayh-Dole

A major law firm’s new FAQ on Bayh-Dole, 4: More Mindless Administrative Compliance

We are nearly done with this FAQ from a major law firm purporting to give advice to small companies regarding Bayh-Dole. We are working through a list of 12 administrative compliance steps singled out as the essence of the law–those … Continue reading

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A major law firm’s new FAQ on Bayh-Dole, 3: Mindless Administrative Compliance

We are working through a FAQ on Bayh-Dole that doesn’t hesitate to delight and entertain with compliance porn. Remember, the FAQ started out with the claim that Bayh-Dole was intended to “provide incentives to promote commercialization”–which isn’t rightly defensible (there’s … Continue reading

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A major law firm’s new FAQ on Bayh-Dole, 2: Subject inventions

We are working through a sparkling fresh FAQ on Bayh-Dole by a major law firm, apparently directed at small companies fool enough to consider taking SBIR funding from the federal government. Now we must get into the deep mud. The … Continue reading

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A major law firm’s new FAQ on Bayh-Dole, 1: What is Bayh-Dole?

Wilson Sonsini, a big law firm, just published “Basics of the Bayh-Dole Act: FAQs.” The document appears to be directed at companies getting SBIR/STTR awards. The document is filed under “Client Advisories.” The FAQ, as a rhetorical piece, makes it … Continue reading

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The Dole-Bayh Act: Preference for United States Industry

Before there was the Bayh-Dole Act, Senator Dole drafted a version of the law. We are looking at various sections. Today, the Preference for United States Industry. In Bayh-Dole, this is 35 USC 204. But in Dole-Bayh, it is Section … Continue reading

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Defense Contracting, Bayh-Dole Fantasies, and Workarounds–3

We have been working through a DoD guide for contracting officers in navigating IP rights–Bayh-Dole and data rights. The data rights are a whole nother saga, so we are leaving them alone for now. Here in summary form are the … Continue reading

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Defense Contracting, Bayh-Dole Fantasies, and Workarounds–2

We are working through a guide for Department of Defense contract officers that has been left up at a government website for nearly twenty years. Much has changed, but the guide hasn’t. From it we can gain some insights into … Continue reading

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Defense Contracting, Bayh-Dole Fantasies, and Workarounds–1

In 2001, the Office of the Under Secretary of Defense For Acquisition, Technology and Logistics published a guide to federal contracting–“Intellectual Property: Navigating Through Commercial Waters: Issues and Solutions When Negotiating Intellectual Property with Commercial Companies.” The guide is helpful … Continue reading

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The Dole-Bayh Act: Subject Inventor

Before the Bayh-Dole bill came together, there were precursors. One of these is a draft bill produced by Senator Dole. It differs in a number of ways from the bill that became Bayh-Dole, and the differences provide some insight into … Continue reading

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The Dole-Bayh Act: Patentability

We are looking at a draft of a bill proposed by Senator Dole, with Bayh along for the ride. It–and other drafts, such as the Thornton bill (HR 8596), and the Institutional Patent Agreement master, and the Federal Procurement Regulation … Continue reading

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