Category Archives: History

A sense of proportion–5

Posted on December 7, 2019 by Gerald Barnett

One can see, then, where Bayh-Dole comes into play in this meaningless mess. Bayh-Dole was drafted by the same folks who created the IPA system. The IPA system was shut down in 1978 as ineffective and contrary to public policy. … Continue reading →

Posted in Bayh-Dole, Fun, History, Policy, Sponsored Research, Technology Transfer | Tagged , , , | Comments Off on A sense of proportion–5

A sense of proportion–4

Posted on December 6, 2019 by Gerald Barnett

To lay it out in bullet points, the now dominant university patent-based approach to research inventions defaulting to exclusive licenses: fragments invention platforms with no way to restore them attracts speculative investors while pushing away companies raises barriers to early … Continue reading →

Posted in Fun, History, Innovation, Policy, Technology Transfer | Tagged , , , , | Comments Off on A sense of proportion–4

A sense of proportion–3

Posted on December 5, 2019 by Gerald Barnett

Prior to federal funding becoming the dominant source of university research funding, most universities operated their invention policies with a review committee that made recommendations to the university president with regard to particular inventions. The volume of invention reporting was … Continue reading →

Posted in History, Policy, Sponsored Research, Technology Transfer | Tagged , , , | Comments Off on A sense of proportion–3

A sense of proportion–2

Posted on December 4, 2019 by Gerald Barnett

University administrators have engaged in a thirty-year effort of research invention management that creates patent gridlock for what amounts to a tiny bit of the overall inventive activity in the country. That’s the black border area on this nice blue … Continue reading →

Posted in Fun, History, Policy, Sponsored Research | Tagged , , , , , | Comments Off on A sense of proportion–2

A sense of proportion–1

Posted on December 3, 2019 by Gerald Barnett

“If life is going to exist in a universe this size, the one thing it cannot afford to have is a sense of proportion.” —Douglas Adams, Hitchhikers Guide to the Galaxy In the Bayh-Dole era–1981 to the present–the US Patent … Continue reading →

Posted in Fun, History, Social Science | Tagged , | Comments Off on A sense of proportion–1

Bayh-Dole Basics, 8: Reasonable Terms Comments-7

Posted on June 25, 2019 by Gerald Barnett

Now let’s look at Bayh-Dole’s treatment of march-in (35 USC 203(a)) and “reasonable terms”: . . . the Federal agency . . . shall have the right . . . to require the contractor . . . to grant a … Continue reading →

Posted in Bayh-Dole, History, Policy | Tagged , , , | Comments Off on Bayh-Dole Basics, 8: Reasonable Terms Comments-7

Bayh-Dole Basics, 8: Reasonable Terms Comments-6

Posted on June 24, 2019 by Gerald Barnett

Now let’s look at the transmogrification of the definition of practical application from Kennedy to Bayh-Dole. In doing so, we also will see how the usage of “reasonable terms” arises, along with Bayh-Dole’s introduction of “reasonably satisfies.” This gets detailed. … Continue reading →

Posted in Bayh-Dole, History, Policy | Tagged , , , | Comments Off on Bayh-Dole Basics, 8: Reasonable Terms Comments-6

Bayh-Dole Basics, 8: Reasonable Terms Comments-5

Posted on June 20, 2019 by Gerald Barnett

We are working through the prior federal regulations in an effort to understand the “reasonable terms” requirement in Bayh-Dole’s 35 USC 203(a)(1) march-in condition. In the Kennedy executive branch patent policy, contractors had two primary routes to retain ownership of … Continue reading →

Posted in Bayh-Dole, History, Policy | Tagged , , , | Comments Off on Bayh-Dole Basics, 8: Reasonable Terms Comments-5

Bayh-Dole Basics, 8: Reasonable Terms Comments-4

Posted on June 10, 2019 by Gerald Barnett

We are working through the details of prior treatments of what becomes “reasonable terms” in Bayh-Dole’s definition of “practical application.” This definition in turn becomes the threshold for federal agency march-in under 35 USC 203(a)(1)–the first of the four march-in … Continue reading →

Posted in Bayh-Dole, History, Policy | Tagged , , , | Comments Off on Bayh-Dole Basics, 8: Reasonable Terms Comments-4

Bayh-Dole Basics, 8: Reasonable Terms Comments-3

Posted on June 7, 2019 by Gerald Barnett

We are working through the NIH’s Institutional Patent Agreement master template to establish the context for Bayh-Dole’s use of “reasonable terms” in its definition of practical application, which in turn establishes the march-in threshold for 35 USC 203(a)(1), one of … Continue reading →

Posted in Bayh-Dole, History, Policy | Tagged , , | Comments Off on Bayh-Dole Basics, 8: Reasonable Terms Comments-3