Category Archives: Bozonet

Political bluffing as Bayh-Dole policy advice, 2

This, then, is the “policy” of Bayh-Dole that Allen champions–that nonprofits can and should deal in patent monopolies. Some historical bluffing from Allen’s policy advice (his emphasis): At that time the federal government funded about half of the R&D in … Continue reading

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Political bluffing as Bayh-Dole policy advice, 1

In a once-notorious essay (“Is Business Bluffing Ethical“) Albert Carr, a former presidential advisor, argues that business “bluffing” is ethical because business is based on games, and in games bluffing is perfectly acceptable. Same for politics. If everyone expects everyone … Continue reading

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The Basic Policy Question Behind Bayh-Dole

There’s one simple issue: Should the federal government subsidize with public funding for nonprofit research the creation of patent monopolies? There it is. The answer that has dominated for thirty-five years is “Yes.” How comfortable are you with that? Gut-level? … Continue reading

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Institutional patent derangement syndrome

The discussion of university ownership of patents on inventions made in faculty-led research invariably adopts the singular. Consider one invention at one university. Now, doesn’t it make sense that university administrators should take over that invention for the good of … Continue reading

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The devils in the details: Bayh-Dole supports academic freedom, 2

Part 1 of this article is here. By requiring the contractor to require “technical” employees to make a written agreement, (f)(2) does some fundamental things within the framework of definitions set up by Bayh-Dole. Watch the devils tumble out in … Continue reading

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The devils in the details: Bayh-Dole supports academic freedom, 1

Bayh-Dole supports the academic freedom of faculty inventors. University administrators refuse to comply. Here, we walk through the law, the implementing regulations, the various patent rights clauses to show the result. Fair warning to university administrators reading this piece. I … Continue reading

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Bayh-Dole Basics 5: invention assignment

Assignment of an invention involves conveying all substantial rights in the invention–the exclusive rights to make, to use, and to sell. These substantial rights can be conveyed expressly by transferring title (that is, the right of ownership) or implicitly by … Continue reading

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The booger way of innovation

Consider these two pathways by which universities might acquire inventions under Bayh-Dole’s patent rights clause. 1. Non-compliant. University by policy asserts ownership of all inventions made by faculty. University refuses to comply with the (f)(2) written agreement requirement in Bayh-Dole’s … Continue reading

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The bozonet on mount stupid

I mentioned “mount stupid” last week in a three-part article on the University of Utah. Mount stupid is a bit of a meme derived from accounts of the Dunning-Kruger effect, which I have referred to in developing an account of … Continue reading

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University of Utah’s Mount Stupid Disclosure Claim, 3

Now let’s look at what the University of Utah requires by way of assignment. My snark controls have apparently failed. Here is a link to the template Assignment Agreement (warning, the link downloads a Word document). The template gives as … Continue reading

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