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

Posted in Bayh-Dole, History, Policy | Tagged , , , | Comments Off on A century of reaping enormous profits at the expense of sickness and misfortune, 3

A century of reaping enormous profits at the expense of sickness and misfortune, 2

Mayo’s research publication Discovery’s Edge┬árecently 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 , , , | Comments Off on A century of reaping enormous profits at the expense of sickness and misfortune, 2

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

Posted in Bayh-Dole, Commons, History, Policy | Tagged , , , | Comments Off on A century of reaping enormous profits at the expense of sickness and misfortune, 1

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 , , , | Comments Off on Hormones and Patents

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

Posted in Bayh-Dole, Bozonet, History, Policy | Tagged , , , | Comments Off on NIST does not understand the government license in Bayh-Dole

“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 , , , , | Comments Off on “Government” rights in federally supported inventions, 1

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 , , , | Comments Off on A clever misrepresentation at the origin of Bayh-Dole

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

Posted in Bayh-Dole, History | Tagged , , , | Comments Off on 28,000 federal patents and the monopoly meme went into a bar, 3

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

Posted in Bayh-Dole, History | Tagged , , , | Comments Off on 28,000 federal patents and the monopoly meme went into a bar, 2

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 , , , , , , , | Comments Off on Patent agreements in Federal Procurement Regulations and Bayh-Dole, 2