Category Archives: Bozonet

Bayh-Dole nonsense in a talk at the University of Pittsburgh

Last year (March 2016), Joe Allen gave a talk at the University of Pittsburgh, “Patent Ownership Under Bayh-Dole, reported in the University Times. Called “a key architect of the Bayh-Dole Act,” Allen manages to fill a talk summary with mostly … Continue reading

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How Bayh-Dole went wrong and what might be done, 5

Moving to a new platform that’s really what Vannever Bush first proposed If you see this difference between an approach that transfers the government’s right and the Bayh-Dole approach, which attempts to transfer ownership of patentable inventions directly to institutions, … Continue reading

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More Fakographic Comment

APLU and AAU published an infographic about university research and technology transfer. Technology transfer, the infographic claims, “transforms society” and the infographic will show us how. The “driver” of this transformation, we are told, is institutional licensing of patents based on inventions … Continue reading

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A New Fakographic from APLU and AAU in 10 Exhibits

A couple of university front organizations, APLU and AAU, have published a two-page infographic that presents a glowing picture of Bayh-Dole and university patent-based commercialization. Titled “How Technology Transfer Transforms Society,” the infographic confidently presents arguments for university commercialization practices. … Continue reading

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Going to Eleven on NIST and (f)(2)

NIST is drafting new rules for the standard patent rights clause authorized by Bayh-Dole. Included in the proposed new provisions is a requirement that contractors require the assignment of inventions to the contractor. This is a bad idea. Besides, it’s … Continue reading

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Bayh-Dole’s Mandate to Break-up Patent Monopolies on Subject Inventions

In the past few months, I have spent a good deal of time on the Bayh-Dole Act. One of the great challenges of dealing with Bayh-Dole is to get past what university patent brokers say the law “is” and get … Continue reading

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Exclusive licenses, assignments, and ticks, Part 4

Per Bayh-Dole, universities should not create “gray” areas in which nonprofits allow exclusive licensees the rights that only an assignee should have and at the same time not transfer to those exclusive licensees the public covenant required by (k) of … Continue reading

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How a Moloch state defends its own

A while ago, I was going around with someone about a technical bit in Bayh-Dole. She thought my position was “baloney” because her lawyers had said it was. The language in the law, though, doesn’t support her position, nor do … Continue reading

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Ten Years After 25 Years After Bayh-Dole, Part 6

We have worked through the set up to a review article on the Bayh-Dole Act from the perspective of a couple of university licensing office practitioners. It’s a fascinating exercise in repeating the conventional vocabulary of university licensing offices but … Continue reading

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Ten Years After 25 Years After Bayh-Dole, Part 5

We have been considering an article reviewing the Bayh-Dole Act published in Nature Biotechnology ten years ago. The purpose in working through the article is to show just how deeply the rhetoric of university “technology transfer” has gained a life … Continue reading

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