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Category Archives: History
A century of reaping enormous profits at the expense of sickness and misfortune, 3
The Mayo doctors, having made their specific arguments with regard to salvarsan in their 1917 letter to Congress, end with a full scale plea, not only to cancel the patent for salvarsan but also for other German drugs, and for … Continue reading
A century of reaping enormous profits at the expense of sickness and misfortune, 2
Mayo’s research publication Discovery’s Edge recently ran an article on “The Power of Patents.” In the article, Mayo Clinic wonders about patent royalties from a famous past invention: When Mayo Clinic colleagues Edward Kendall, Ph.D., and Philip Hench, M.D., along with … Continue reading
Posted in History, Policy
Tagged crowd source, monopoly meme, patents, research
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A century of reaping enormous profits at the expense of sickness and misfortune, 1
In June 1917, the United States had just entered the first world war against Germany, and a German chemical maker through its American subsidiary Farbwerke-Hoechst held U.S. patents on salvarsan, a medicine used to treat syphilis. Along letters written on … Continue reading
Hormones and Patents
Graham Dutfield at the University of Leeds has published an article on the development of medical hormone products and patent law, “Patent on Steroids: What Hormones Tell Us about the Evolution of Patent Law.” The article doesn’t do as much … Continue reading
Posted in History, Innovation
Tagged hormones, invention, patents, pharmaceutical
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NIST does not understand the government license in Bayh-Dole
NIST has issued a draft green paper that consolidates all the fake history, pseudo data as fact, misrepresentations of Bayh-Dole, and misconceived proposals all in one convenient place. I can’t hope to catch everything, but let’s take a look at … Continue reading
“Government” rights in federally supported inventions, 1
Bayh-Dole requires federal agencies to use a patent rights clause that includes a provision under which contractors who obtain ownership of a patentable invention made in the performance of work under a federal funding agreement and elect to retain that … Continue reading
Posted in Bayh-Dole, History, Policy, Stanford v Roche
Tagged Bayh-Dole, government license, inherent government function, patent rights clause, slop
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A clever misrepresentation at the origin of Bayh-Dole
Let’s see if we can isolate the origin of the Bayh-Dole Act. In about four minutes, you will read the following again: The roots, then, of Bayh-Dole are to be found in a mischaracterization of the Harbridge House report of … Continue reading
Posted in Bayh-Dole, History
Tagged 41 CFR 9-1, Bayh-Dole, General Services Administration, monopoly meme
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28,000 federal patents and the monopoly meme went into a bar, 3
Howard Forman, a long-time patent attorney in the chemical industry turned federal employee, introduced the 28,000 unused federal patents meme into Bayh-Dole rhetoric in his congressional testimony in 1976. Senator Bayh includes Forman’s meme in his introduction of S. 414, … Continue reading
28,000 federal patents and the monopoly meme went into a bar, 2
Howard Forman’s 1976 testimony is where the 28,000 patents meme enters what will become the Bayh-Dole rhetoric. Senator Bayh uses Forman’s meme when he introduces S. 414 in 1979: When the Government decides to retain patent rights on these inventions … Continue reading
Patent agreements in Federal Procurement Regulations and Bayh-Dole, 2
If we return for a moment to O’Connor’s article–it is a great read for what it aims to do, but for O’Connor’s theme of abstract mistaken assumptions rather than providing a specific account of Latker’s lack of drafting ability–there is … Continue reading
Posted in Bayh-Dole, History, Policy, Sponsored Research, Stanford v Roche
Tagged assignment, Bayh-Dole, Federal Procurement Regulations, Latker, O'Connor, patent agreement, sly, written agreement
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