Category Archives: Freedom

The Unofficial University of Wisconsin Patent Policy, c. 1960

In his 1962 compendium of university patent policies, Archie Palmer noted that the University of Wisconsin had no formal patent policy. By then, Wisconsin was an outlier among research universities, most of which had some statement regarding patents and inventions. … Continue reading

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Use the government license in Bayh-Dole

According to news reports (here’s where I first read about it–follow the link there to the article in the Baltimore Sun), the state of Maryland is attempting to deal with high drug prices through legislation that gives the state the right … Continue reading

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Not fixing a hole in Bayh-Dole

Bayh-Dole does not disturb federal common law with regard to inventions. Inventors supported by federal research funds own their inventions. The Supreme Court made this clear in Stanford v Roche. Bayh-Dole applies to subject inventions only. Subject inventions are patentable inventions … Continue reading

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Free Competition and Enterprise in Bayh-Dole

One reason that Bayh-Dole is so difficult to parse is that there are multiple levels at work. It’s easier to just say that Bayh-Dole gives universities ownership of inventions made with federal support, and they can do anything they want … Continue reading

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Institutional Patent Licensing–One of the least “direct” ways to obtain new technology

A few weeks ago I was involved in a discussion about how a region might import new technology developed at distant universities. One of the participants, with a background in AUTM-style technology transfer, made the off-hand comment that if we … 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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Federal patent policy for the 21st Century, Part 3

What’s funny (funny “strange” not funny “funny”) is that universities could implement the core of this version of the law themselves, right now, no politics necessary. Yes, there is still all the wasted paperwork to throw around under the current … Continue reading

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Federal patent policy for the 21st Century, Part 2

In Part 1, I proposed a new law governing federal patent policy for public interest research conducted at universities–research to advance science and technology, or to address matters of public welfare. That new law carried with it public covenants that … Continue reading

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Documented and undocumented technology transfer programs

Recently, the University of California, in an internal report on its technology transfer program, indicated that its commercialization rate was 0.5%–1 invention in 200 got to the point of a commercial product. There was no indication whether those commercial products … Continue reading

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How can universities demonstrate they aren’t patent trolls?

Let’s say, just for the sake of argument, that university administrators at places like Caltech don’t want to be labelled patent trolls. What might make it clear that universities are not just one more set of patent trolls? “We’re not … Continue reading

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