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Category Archives: Freedom
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
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, devil, patent, subject invention, WARF
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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
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.14, 37 CFR 401.9, academic freedom, Bayh-Dole, contractor, funding agreement, patent, subject invention, turdly
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Optimism for a New Year
It’s a whole new year, rather than just December 32. In 2017, Research Enterprise published over 250 articles on various aspects of invention policy and innovation, with lots of attention on the Bayh-Dole Act and on universities that cannot seem … Continue reading
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
Posted in Bayh-Dole, Commons, Freedom, Projects, Sponsored Research
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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
Posted in Bayh-Dole, Commons, Freedom, Projects, Sponsored Research
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The Rat in Bayh-Dole’s Rotten Pickle Barrel: 35 USC 202(c)(5)
Most of the Bayh-Dole pundits out there in the university patent and license world have never understood Bayh-Dole. I’m not sure all that many have read the statute. Certainly if they did so, they read without comprehension. Take this recent … Continue reading
Thanksgiving 2017
To all those who seek to discover, invent, collect, develop, create, author, realize, and do something with any of that–thank you for your efforts, your insights, your inspiration. For those who build administrative systems to support such work–thank you, too. … Continue reading
Posted in Freedom, Uncategorized
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Continued Employment as Consideration
Here is a nice article that worries whether continued employment is sufficient to create an enforceable obligation to assign inventions to an employer: “Is Continued Employment Enough to Uphold Invention Assignment Agreements?” The brief answer is, yes. Add the qualifications: … Continue reading
Posted in Freedom, Innovation
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Drift as a city’s economic driver
Some years ago, Jane Jacobs published a series of books that take up the issue of how cities contribute to regional and national economies. In particular, Jacobs argued that a particular kind of city behavior was crucial for a regional … Continue reading
Posted in Freedom, History, Innovation, Shanzhai
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University of Misery’s IP Policy Scam, 4
Let’s look next at academic freedom in the University of Missouri’s Collected Rules and Regulations, 310.010, “Academic Freedom and Economic Security of Academic Staff.” Academic freedom and tenure are placed in a single policy statement. We start with a statement … Continue reading