Category Archives: History

Necessary Federal Exclusive Licensing

Posted on November 29, 2020 by Gerald Barnett

The Harbridge House report in 1968 mused that based on survey responses from nonprofit patent administrators, . . . the inventions must frequently arise from basic research and require substantial private development before reaching the stage where they are commercially … Continue reading →

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The Turning Point in Federal Patent Policy

Posted on November 28, 2020 by Gerald Barnett

1971. Here’s where things started to go bad. In 1963, President Kennedy issued a memorandum setting forth executive branch patent policy. When the federal government acquired inventions, the policy stipulated that patents would be made available “through dedication or licensing”–that … Continue reading →

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NSF IPA Metrics 1974-78

Posted on November 19, 2020 by Gerald Barnett

Beginning in 1974, the NSF ran an Institutional Patent Agreement (IPA) program until IPAs were shut down in 1978 as ineffective and counter to public policy. Bayh-Dole, one among a number of attempts, replaced the lost IPA programs in 1981. … Continue reading →

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The Thornton Bill’s “purposes” and Bayh-Dole’s “policy and objectives”

Posted on November 18, 2020 by Gerald Barnett

Bayh-Dole states its policy and objectives at 35 USC 200. Here there are, with a more readable layout: It is the policy and objective of the Congress to use the patent system to promote the utilization of inventions arising from … Continue reading →

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Reflections on Shill Reflections on Bayh-Dole, 4: Fake history, executive branch patent policy, and contamination

Posted on September 18, 2020 by Gerald Barnett

Back to reflecting on fake history, namely this: prior to the Act, the government often funded research to spark innovation, but then put the research in the public domain for non-exclusive licensing,… Executive branch patent policy from Kennedy on (until … Continue reading →

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Reflections on Shill Reflections on Bayh-Dole, 1: Intent and utilization

Posted on September 16, 2020 by Gerald Barnett

Rebecca Tapscott has posted an article at IP Watchdog, “Industry Leaders Reflect on Bayh-Dole at 40.” There are lots of problems with this article–and with the “leaders’” “reflections” when it comes to Bayh-Dole. But hey, folks are entitled to mis-remember … Continue reading →

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On Technology Transfer Metrics, 6: What university administrators want most

Posted on August 27, 2020 by Gerald Barnett

We are looking at metrics for managing university-based technology transfer and policy. First, we have none. We have disconnected proxies that don’t inform either management or policy. Let’s look at what university administrators care about: money. That’s it. I have … Continue reading →

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Mick Stadler writes a letter in 1976 on “effective transfer mechanisms”–1

Posted on June 18, 2020 by Gerald Barnett

On June 29, 1976 Mick Stadler wrote a letter to Willard Marcy, the Vice President of Research Corporation’s Patent Program. Stadler, at the time was assistant director of the Case Western Reserve technology transfer program. He would go on to … Continue reading →

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Harbridge House on university exclusive licensing, 2

Posted on June 16, 2020 by Gerald Barnett

There’s one more thing raised by the Harbridge House report–the metrics on those patent development firms. Patent applications are filed on approximately 10 to 15 percent of the disclosures submitted and, if present circumstances continue, only one-quarter of these patents … Continue reading →

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Harbridge House on university exclusive licensing, 1

Posted on June 15, 2020 by Gerald Barnett

The Harbridge House report on government patent policy in 1968 laid the foundation for Bayh-Dole. Or, rather, federal officials selectively used portions of the report to change federal policy to conform to the wishes of patent development firms affiliated with … Continue reading →

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