Category Archives: Commons

What the NIH says about Bayh-Dole, 2

We are working through the NIH’s most recent misrepresentation of the Bayh-Dole Act. In the first part of this effort, we looked at the NIH’s bungling of the basic premise of Bayh-Dole and the concept of practical application. Bayh-Dole’s first … Continue reading

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WARF, Vitamin D, and the Public Interest, 3

The appeals court in Vitamin Technologists sets up the case for compulsory licensing of inventions owned by public universities as instruments of state governments. That is, the appeals court establishes the basis for public march-in when a state owns a … Continue reading

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WARF, Vitamin D, and the Public Interest, 2

We have worked through a 1945 appeals court reasoning about the University of Wisconsin’s president’s refusal to allow the licensing of an invention beneficial to public health for use in food products that might compete with State of Wisconsin dairy … Continue reading

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Who Owns Digital Learning Resources?–6

Let’s come back around to Hal Plotkin’s question–who owns digital learning resources? Plotkin wants the answer to be: certainly not the university bureaucrats aiming to “commercialize” everything and therefore putting everything behind a paywall. That makes sense. Bureaucrats don’t have … Continue reading

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Who Owns Digital Learning Resources?–5

There’s a basic problem with federal grant support for research. I don’t know if the Department of Education has avoided this problem, but I will put it out there. If a federal agency supports both research and maintenance of contract deliverables, … Continue reading

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Who Owns Digital Learning Resources?–4

Now let’s deal with “digital” educational works in the context of university intellectual property claims. This is something I’ve spent a couple of decades dealing with. The Department of Education published its final rule in January 2017, requiring open licensing … Continue reading

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“Only assholes get patents…”

Slashdot points to a recent blog post by Marco Arment on dealing with feature copying and imitation in software apps. Arment summaries copyright and trademark angles, noting that neither provides much defense. He then moves on to patents: Only assholes … Continue reading

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Thinking about projects, small and big–8

Here’s the rub for “the work” that necessarily includes “commercialization.” Any license or assignment of an invention made in “the work” draws that licensee or assignee into “the work.” That licensee, to the extent that commercialization is a requirement of … Continue reading

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Thinking about projects, small and big–7

What have we got to by musing on research projects at universities? First, that a sponsor may support a big project by providing support to a small project that is a component of that big project. The sponsor who does … Continue reading

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Lower drug development costs than industry reports–shock!

At the SciScip discussion group notice has been given to an article published in September 2017 in JAMA that has determined the median cost to develop a new cancer drug at $648m, much lower than the pharmaceutical industry reports for … Continue reading

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