Category Archives: Bozonet

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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Ten Years After 25 Years After Bayh-Dole, Part 4

We have looked at an article by Boettiger and Bennett reviewing the Bayh-Dole Act after 25 years. We have picked over the description of the law and pointed out how our authors mischaracterize the law to their own disadvantage. Bayh-Dole doesn’t … Continue reading

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Ten Years After 25 Years After Bayh-Dole, Part 3

Boettiger and Bennett look at Bayh-Dole after 25 years and discuss how things ought to change. To set up their discussion, they first characterize Bayh-Dole as having “shifted the incentive structure” for patents. Parts 1 and 2 of this series … Continue reading

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Ten Years After 25 Years After Bayh-Dole, Part 1

Ten years ago Sara Boettiger and Alan Bennett, a couple of University of California licensing officers, published an article on Bayh-Dole in Nature Biotechnology, “Bayh-Dole: if we knew then what we know now.” Boettiger and Bennett paint a picture of … Continue reading

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Turning (f)(2) into an assignment clause violates Bayh-Dole

When I first looked through the proposed revisions to Bayh-Dole’s implementing regulations, it appeared that they applied to inventions made by federal employees and extended implementing regulations to include large businesses, consistent with a presidential executive order that does the … Continue reading

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LES undermines Bayh-Dole for Congressional staffers

Brian P. O’Shaughnessy, the president of LES, has a little puff piece out purporting to defend Bayh-Dole–“Why Bayh-Dole?” In the piece, O’Shaughnessy sets up a straw man argument about open innovation and anti-patent advocacy and then strings together more logical fallacies … Continue reading

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