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Category Archives: History
Patent agreements in Federal Procurement Regulations and Bayh-Dole, 2
If we return for a moment to O’Connor’s article–it is a great read for what it aims to do, but for O’Connor’s theme of abstract mistaken assumptions rather than providing a specific account of Latker’s lack of drafting ability–there is … Continue reading
Patent agreements in Federal Procurement Regulations and Bayh-Dole, 1
Sean O’Connor starts an excellent article that gives a detailed account of history behind the Bayh-Dole Act (“Mistaken Assumptions: the Roots of Stanford v. Roche in Post-War Government Patent Policy“) this way: The Bayh-Dole Act of 1980 was built on a … Continue reading
IP Laws for Dragons
On Quora, I was asked to answer this question: Do US intellectual property laws stills serve society or just corporations and countries that are large and rich? Historically, patents have been the domain of countries (and city states) and the … Continue reading
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
Posted in Bayh-Dole, Commons, History, Policy
Tagged Bayh-Dole, commons, FRAND, Vitamin Technologists
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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
Posted in Bayh-Dole, Commons, History, Policy
Tagged 35 USC 200, 35 USC 202, Bayh-Dole, Canned Water 4 Kids, IPA, monopoly meme, public interest
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WARF, Vitamin D, and the Public Interest, 1
In the 1940s, WARF was basking in the income from licensing its flagship patents–on a way to irradiate food products to produce in them vitamin D. (For an interesting account with lots of details, see Rima D. Apple (a University … Continue reading
Posted in Bayh-Dole, Freedom, History, Policy
Tagged margarine, monopoly meme, vitamin D, Vitamin Technologists, WARF
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The monopoly meme, 5
Now let’s turn to the Bayh-Dole Act and see how it works with the monopoly meme. Short form, if you don’t want to bother, is that Bayh-Dole doesn’t follow the monopoly meme in its gestures, but because these gestures never … Continue reading
The monopoly meme, 4
We are nearing the end of examining Howard Bremer’s Senate subcommittee testimony from 1979 on a bill that was remarkably like Bayh-Dole. Bremer’s testimony is useful in helping us get at the rhetorical effect of the monopoly meme–that without a … Continue reading
The monopoly meme, 3
We are working through Howard Bremer’s testimony before a Senate subcommittee with regard to a bill remarkably like what would become Bayh-Dole. The point is to explore how the monopoly meme works in practice. Bremer gives nine principles that ought … Continue reading
The monopoly meme, 2
To get at the rhetorical workings of the monopoly meme, we are working our way through Howard Bremer’s testimony before a Senate subcommittee discussing S. 1215, an alternative bill to Bayh-Dole that was being considered after S. 414 had failed … Continue reading