Category Archives: History

Bayh-Dole’s preemption of public purposes to re-establish a patent monopoly pipeline

I wrote a Twitter thread in retweeting this observation. Erin (Eeks) Stair @DrErinkate Don’t forget about Bayh-Dole, passed in the 80s, which enabled the #NIH to use our tax dollars to fund drug research at institutions & businesses; allow them … Continue reading

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Only Bayh-Dole and University Research Enterprise, 3

We are working through Bayh-Dole without the cover of the political bluffery that permitted Bayh-Dole to become national policy. Without the bluffery, Bayh-Dole addresses the same situation addressed previously by the IPA program, which in turn took up the Harbridge … Continue reading

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Only Bayh-Dole and University Research Enterprise, 2

We have worked through the claim that Bayh-Dole created a “uniform” federal policy with regard to inventions made in federally supported research or development. Bayh-Dole creates an arbitrary default for federal policy that applies only when a contractor acquires ownership … Continue reading

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The dogs in the manger, 2

We are working through some testimony from 1979 by a federal patent attorney, R. Tenney Johnson, before a Senate subcommittee considering a federal government invention policy bill that was a rival to Bayh-Dole (and strikingly similar, and didn’t pass). Johnson … Continue reading

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Bayh-Dole Up Your Counsel, 1

A lawyer staffing service and web site, UpCounsel, has a friendly page that offers “everything you need to know” about the Bayh-Dole Act. They promise you can learn what you need with an “11 min read.” I think it’s something … Continue reading

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Political bluffing as Bayh-Dole policy advice, 2

This, then, is the “policy” of Bayh-Dole that Allen champions–that nonprofits can and should deal in patent monopolies. Some historical bluffing from Allen’s policy advice (his emphasis): At that time the federal government funded about half of the R&D in … Continue reading

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Political bluffing as Bayh-Dole policy advice, 1

In a once-notorious essay (“Is Business Bluffing Ethical“) Albert Carr, a former presidential advisor, argues that business “bluffing” is ethical because business is based on games, and in games bluffing is perfectly acceptable. Same for politics. If everyone expects everyone … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, Table of Links

In May 2017 I wrote a series of articles that traced the development of the University of Wisconsin’s patent policy, how the Wisconsin Alumni Research Foundation shaped federal policy to disenfranchise faculty inventors in favor of its own money-making ventures … Continue reading

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Whistling all the way to the bank, revisited 3

Having established the contracting problem for government-sponsored “basic research,” let’s get into how the patent administration folks got into changing things around from government ownership to institutional ownership, when the institutions didn’t have policies and practices that swept up inventions … Continue reading

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Available to one, developed by none, 2

We are working through the political argument that without a patent monopoly, federally supported research will never get used or developed into commercial products or ever benefit the public. It’s flowery language meant to lead those who hear or read … Continue reading

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