Category Archives: Bayh-Dole

Taking Apart APLU’s Talking Points on Bayh-Dole, 2

We are working through APLU’s Talking Points on the cash cows of Bayh-Dole, commercialization, entrepreneurship and whatever else the federal government can be induced to fund. We reach a talking point in bold. It must be more important than the … Continue reading

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Taking Apart APLU’s Talking Points on Bayh-Dole, 1

The APLU has published a set of talking points about a bunch of things (original spelling retained): TALKING POINTS: UNIVERISTY TECHNOLOGY COMMERCIALIZATION, FEDERAL RESEARCH FUNDING, THE BAYH-DOLE ACT, AND FEDERAL SUPPORT FOR ENTREPRENURSHIP/GAP FUNDING PROGRAMS Let’s call them “cash cows” … Continue reading

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Bogus intended incentives of the patent system

Here is an article espousing the virtues of the Bayh-Dole Act by Joe Allen, posted by the University of Rochester’s “URVentures.” Here’s one bit: Prior to Bayh-Dole, when the federal government took invention rights away from their creators making them available … Continue reading

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The Bayh-Dole implications of “big” projects created by university policies and practices

In the usual depictions of the Bayh-Dole Act, the emphasis gets put on university ownership of inventions made with federal support. What is not pointed out is that Bayh-Dole not only allows (but does not require) such ownership, but makes … Continue reading

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Let me come in again. Three ways an invention meets the definition of “subject invention.”

Here are the three basic ways to make an invention made with federal support meet the definition of “subject invention.” I said there were two ways when there were really three, but hey, this is the advanced course. Accept assignment … Continue reading

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When a university and a company love America so much that they produce usable technology and dedicate it to be practiced for any government purpose, 2

How would one know whether a project is a big project, or a subject invention is a big subject invention, or a commercial product just another instance of that big subject invention, with a full license already granted to the … Continue reading

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When a university and a company love America so much that they produce usable technology and dedicate it to be practiced for any government purpose, 1

Bayh-Dole requires federal agencies to require that owners of subject inventions grant to the government a license in those inventions. Sounds easy, and really, it is. But people are fickle and university patent administrators can be more fickler than most, … Continue reading

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Two ways to turn an invention into a subject invention, 1

One way is compliant and never used. The other way is non-compliant and used by everyone. One way respects inventors and leaves them free to make choices regarding their inventions. The other way compels inventors to use university-designated patenting services … Continue reading

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“Compliance with Bayh-Dole”

There are folks out there making money by offering compliance services for Bayh-Dole. At one level, it’s understandable. University administrators make a big deal about compliance. They see a complicated world. Many administrators aren’t prepared to read regulations carefully and … Continue reading

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There Is No Bayh-Dole Compliance for Universities

There is no Bayh-Dole compliance for universities. I know. This goes against everything you’ve heard. But really, let’s get real. Five points. Bayh-Dole doesn’t apply to universities. It applies to federal agencies and changes property rights in patents on inventions … Continue reading

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