Category Archives: Bozonet

UW Continues to Ride Fake Startup Metrics

From 2008 to 2015, the University of Washington faked its startup metrics and won itself awards and reputation for its entrepreneurial and innovative chops. (See articles discussing UW fakery here and here and here.) Senior UW administrators concocted a story … Continue reading

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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 3

A careful read of Bayh-Dole and its omission of the patent agreement requirement argues not only did Bayh-Dole reverse the “presumption” of federal ownership of inventions made under contract but also repudiated the federal requirement that contractors own inventions so … Continue reading

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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 2

We are looking at how Bayh-Dole botches invention ownership. Where the Federal Procurement Regulations implemented in 1975 were clear, Bayh-Dole in 1980 is muddy. The FPR approach is simple: contractors must have patent agreements that ensure that contractors will be … Continue reading

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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 1

Bayh-Dole botches its management of invention ownership. To see how, we need to look at how Bayh-Dole in 1980 changed the Federal Procurement Regulations put in place in 1975. In particular, let’s look at how the definition of subject invention … Continue reading

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Illusions of Bayh-Dole: “manufactured substantially” 6

Now let’s look at Bayh-Dole’s treatment of federal employees who make inventions. Actually, there’s nothing in Bayh-Dole about it–Bayh-Dole applies only when a federal agency grants licenses to the inventions it owns. When the federal government allows a federal employee … Continue reading

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Bayh-Dole the Giant Turd

Howard Forman, a patent attorney, introduced the claim that the federal government had 26,000 unused patents in his testimony before a House subcommittee in 1976, and that the reason for the nonuse was that the government made the inventions available … Continue reading

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Nonsense about Bayh-Dole from Bio, 2018 edition–2

We are working through the 2018 version of Bio’s misinfographic about Bayh-Dole and its relationship to drug prices. Bio report metrics from an AUTM report as if they are facts. But these are not facts–they are estimates from an unvalidated … Continue reading

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Nonsense about Bayh-Dole from Bio, 2018 edition–1

Let’s look at a new infographic from Bio about Bayh-Dole. It’s largely the same as the old infographics. The point of the infographic is to create the impression that the Bayh-Dole Act has been wildly successful and that any effort … Continue reading

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The monopoly meme, 1

There’s a meme that has floated around patent management discussions for decades. It goes something like this: “What is available to all will be used by none.” Here’s an instance from the National Patent Planning Commission report (c. 1945): It … Continue reading

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More Impractical Advice About NIST’s Changes to Bayh-Dole’s Regulations

NIST–can’t live with them, but law firms sure can. Here’s another law firm popping off about NIST’s recent revisions to Bayh-Dole’s implementing regulations and standard patent rights clause. Keep in mind that NIST’s chief counsel is already on record not … Continue reading

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