Category Archives: History

The Government Patent Market for Public Health Inventions, 4

The NIH’s Institutional Patent Agreement program, then, (i) ignores the distinction in the Kennedy patent policy between inventions made in research directly concerned with public health and inventions made in other research, (ii) expressly authorizes contractors to grant exclusive licenses, … Continue reading

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The Government Patent Market for Public Health Inventions, 3

The NIH’s Institutional Patent Agreement program was framed in terms of the Kennedy patent policy. It ignored, however, the Kennedy patent policy distinction between discoveries directly related to public health and other discoveries. It could do so because it set … Continue reading

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The Government Patent Market for Public Health Inventions, 2

There is another way, however, in addition to march-in, for the government to influence the commercial exploitation of health-related inventions made with federal support. Bayh-Dole has a clever design, but the people who drafted it made their mistakes. March-in has … Continue reading

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The Government Patent Market for Public Health Inventions, 1

Let’s look at two things–Bayh-Dole’s standard patent right clause license to the government and 28 USC 1498. First, 28 USC 1498: Whenever an invention described in and covered by a patent of the United States is used or manufactured by … Continue reading

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The University of Pittsburgh’s Fake News Summary of Bayh-Dole, 4

We are working through the University of Pittsburgh summary of the Bayh-Dole Act, and I at least am getting increasingly grouchy as I do. How can someone writing for university faculty “innovators” get things so wrong in some many places? … Continue reading

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The University of Pittsburgh’s Fake News Summary of Bayh-Dole, 3

We are working through the fake history published by the University of Pittsburgh regarding the Bayh-Dole Act and its “key provisions.” “Fake” is too light a word for it, but it’s trendy and so people get the general idea. Really, … Continue reading

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The University of Pittsburgh’s Fake News Summary of Bayh-Dole, 2

We are working through the University of Pittsburgh’s account of the Bayh-Dole Act since AUTM has called it out as worth reading. We need to pause and consider some real history to work out of our imaginations the fake history … Continue reading

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The University of Pittsburgh’s Fake News Summary of Bayh-Dole, 1

AUTM a few weeks ago pointed favorably to a description of the Bayh-Dole Act posted by the University of Pittsburgh. Let’s have a look, then. The post is titled “What It Means for Technology Commercialization.” While “It” is ominous in … Continue reading

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Getting off your UFRDA

In 1981, Senator Harrison Schmidt introduced a bill to replace Bayh-Dole with a more general law regarding inventions made with federal support, the “Uniform Federal Research and Development Act of 1981.” It doesn’t appear that the university patent brokers had … Continue reading

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Key Concept 5: Public Covenant

A Limitation on a Patent Property  A patent public covenant is a restriction or obligation that runs with a patent property, creating requirements not arising otherwise from federal patent law. The expectation of such a covenant is that the restriction … Continue reading

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