Category Archives: History

Drift as a city’s economic driver

Some years ago, Jane Jacobs published a series of books that take up the issue of how cities contribute to regional and national economies. In particular, Jacobs argued that a particular kind of city behavior was crucial for a regional … Continue reading

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University of Misery’s IP Policy Scam, 16

University administrators insist that they, unlike their corporate counterparts, can expand their institutional claim on inventions to be anything that’s invented, and faculty must agree to this claim as a condition of employment. That is, administrators claim the right to … Continue reading

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University of Misery’s IP Policy Scam, 15

In Bayh-Dole, the definition of “subject invention” is not a matter of defining a term in a federal contract. Bayh-Dole is part of federal patent law, so “subject invention” is a definition of patent law. A subject invention is a … Continue reading

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University of Misery’s IP Policy Scam, 14

The use of “subject invention” in federal contracting goes back to at least as early as 1947, when the military used “subject invention” in research contracts. Here’s an instance from a Navy contract (quoted in Mine Safety Appliances Company v. … Continue reading

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University of Misery’s IP Policy Scam, 13

In the Institutional Patent Agreement program operated by the NIH, the “conception or first actual reduction to practice” scope gets changed from being only about the scope of what the government does not have to compensate a patent owner for … Continue reading

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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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