Category Archives: Bayh-Dole

The dogs in the manger, 2

We are working through some testimony from 1979 by a federal patent attorney, R. Tenney Johnson, before a Senate subcommittee considering a federal government invention policy bill that was a rival to Bayh-Dole (and strikingly similar, and didn’t pass). Johnson … Continue reading

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

The dogs in the manger, 1

In 1979, R. Tenney Johnson, a career federal attorney, testified before the Senate Subcommittee on Science, Technology, and Space on Senate bill S. 1215, the “Science and Technology Research Development Utilization Policy Act.” This was the bill that was competing with … Continue reading

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

Misrepresentations of Bayh-Dole

The Bayh-Dole Act has been broadly misrepresented by organizations with a vested interest in acquiring inventions to manage, including universities, law firms, university-affiliated foundations, the Association of University Technology Managers, lobbying groups representing the pharma and biotech industries, and various … Continue reading

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

Bayh-Dole Basics 6: enforcement comments

Bayh-Dole is part of federal patent law. It covers three areas. Public covenant. Bayh-Dole creates a public covenant that runs with inventions arising in federally supported research and development Federal contracting. Bayh-Dole permits nonprofit organizations and small business firms to … Continue reading

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

Bayh-Dole Basics 6: enforcement

Back in February and March 2018, Research Enterprise published a series on Bayh-Dole basics. Here’s one more entry in that series. As a first approximation, there is no enforcement of Bayh-Dole. Bayh-Dole is a do WTF you want law. University talk … Continue reading

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

Utilization and commercialization in Bayh-Dole

Bayh-Dole’s stated policy and objective is utilization of inventions arising in federally supported research or development–not specifically commercialization: . . . use the patent system to promote the utilization of inventions arising from federally supported research or development . . … Continue reading

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

Three ways Bayh-Dole advocates abuse their audiences

Folks who advocate for Bayh-Dole generally abuse their audiences three ways. First, they recite fake history.  Bayh-Dole did not make any great change in ownership of inventions made in projects receiving federal support, especially for universities. Prior to Bayh-Dole, contractors … Continue reading

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

The rule of law

Let’s look at Bayh-Dole and subject inventions from another angle. Same material as in our last article, developed a bit differently. Nothing in federal patent law requires an inventor to use the patent system. Nothing in federal patent law vests … Continue reading

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

Bayh-Dole applies only to subject inventions

Bayh-Dole applies only to inventions owned by a contractor Bayh-Dole applies only to subject inventions. Supreme Court: the Bayh-Dole Act . . . applies only to “subject inventions”—“inventions of the contractor” Subject inventions are patentable inventions made in work under … Continue reading

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

The AUTM CEO’s Speech, Fitt 4

We are about done with the AUTM CEO’s speech at the NIST symposium on “unleasing American innovation.” Yes, it is trash, so we are trashing it. But there’s a purpose here. It’s not just that there is a difference of … Continue reading

Posted in Bayh-Dole, Bozonet | Tagged , , , , | Comments Off on The AUTM CEO’s Speech, Fitt 4