Category Archives: History

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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What should the federal government do with patents it issues to itself? Part 4

The question of who ought to control inventions made by independent investigators is at the root of Bayh-Dole. Without federal funding, such investigators would give up rights in inventions only according to their own interests. They would be free of … Continue reading

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What should the federal government do with patents it issues to itself? Part 3

Here is one of the most provocative parts of Vannevar Bush’s Science the Endless Frontier: Science Is a Proper Concern of Government It has been basic United States policy that Government should foster the opening of new frontiers. It opened … Continue reading

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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

Part 1 of this article is here. 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 … 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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