Category Archives: History

That special special case 3: The Kennedy patent policy

The special special case arose in the Kennedy patent policy in 1963. Look at the parameters. Here is the premise: A. The government expends large sums for the conduct of research and development which results in a considerable number of … Continue reading

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That special special case 1: A bureaucratic urge

The special special case is special in a number of ways. That’s what makes it so special. Here’s the base form of the special case: a federally supported invention that: (1) cannot be beneficially used except as a commercial product–DIY … Continue reading

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UW startups for FY2013 four years later, 2

Now let’s look at ID Genomics, the one company that was actually correctly reported by UW as a FY2013 startup. As of June 2017, IDGenomics is still in operation, reporting 10 employees. According to Crunchbase, it has received $50K in … Continue reading

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The NIH’s complicity in faux Bayh-Dole and high drug prices

Here’s “A ’20-20′ View of Invention Reporting to the National Institutes of Health”–published by the NIH in 1995. 2. WHAT IS THE BAYH-DOLE ACT AND WHY IS IT IMPORTANT? The Bayh-Dole Act encourages researchers to patent and market their inventions … Continue reading

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The bogus argument for “mixing” research funds, 3

This third form of mixing–intentional–created the problem for the PHS and universities in the area of medicinal chemistry. It was not mixing in the abstract; not mixing in an open university environment, but rather intentional mixing. The drug industry had … Continue reading

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The bogus argument for “mixing” research funds, 2

We can distinguish three forms of “mixing” of funding. (1) Two or more projects, each funded on different terms, in which their participants, having the freedom of the university, talk with one another, learn things, and apply what they learn … Continue reading

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The bogus argument for “mixing” research funds, 1

The Council on Government Relations, a university front group, published a “tutorial” that advocated that universities adopt a “uniform” policy on patents. COGR’s argument was that since administrators wanted to be able to “mix” funding from different sources, and the government … Continue reading

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How Bayh-Dole went wrong and what might be done, 5

Moving to a new platform that’s really what Vannever Bush first proposed If you see this difference between an approach that transfers the government’s right and the Bayh-Dole approach, which attempts to transfer ownership of patentable inventions directly to institutions, … Continue reading

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How Bayh-Dole went wrong and what might be done, 4

Bayh-Dole’s method of operation The IPA did not disturb patent law–it imposed its public convent requirements on the use of patents as a matter of federal contract. Bayh-Dole was different in two ways. First, Bayh-Dole dictated executive branch contracting policy. … Continue reading

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How Bayh-Dole went wrong and what might be done, 3

Patents the government issues to itself The attributes of ordinary patents make little sense in the context of the federal government issuing to itself a patent. The government has no profit motive from the patent system. The U.S. patent system … Continue reading

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