Category Archives: Policy

How Bayh-Dole went wrong and what might be done, 1

This article starts a series on structural problems in Bayh-Dole. As an architecture to take ownership of inventions from university investigators, Bayh-Dole suffers from significant flaws. The effort by university patent brokers and their biotech partners has been to cover … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 14

We can then distinguish three sorts of invention arising in federally funded research at universities: inventive tools, inventive tools that can be sold as products, and articles that can be used only as products. An inventive tool is anything useful … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 13

According to the Harbridge House report on federal patent policy, from the 1930s until the 1950s, the pharmaceutical industry was the primary source of funding for university investigators in the area of medicinal chemistry–looking for compounds that might become prescription … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 12

Why spend all this time on a lost university policy from 1969 in response to a canceled IPA program? After all, we have the wildly successful Bayh-Dole law now, with university policies all changed to “comply” with the law. Why … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 11

The dichotomy between capitalism and commons is even evident in the history of WARF. Here’s a footnote from Cronon and Jenkins on the problem WARF faced. Here in one sentence we see both elements at play–WARF criticized for being a … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 10

The IPA program, revived by the NIH following the Harbridge House report, which singled out medicinal chemistry as one of the few areas where there had been a disagreement by industry with government patenting policy, addressed both patent term and … Continue reading

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The Bush Engine of Technology Innovation

Vannevar Bush argued that it was a proper role for the federal government to support scientific research. This proposition today is regarded as a truth that hardly needs justification. But in Science the Endless Frontier, Bush was not arguing for … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 9

Bayh-Bole, as it turns out, will be that statute that limits federal patent law, but in such an obtuse way that in effect it creates only administrative burdens (despite its gestures otherwise). Because Bayh-Dole is largely unenforced, with no provisions … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 8

WARF encountered┬ámultiple antitrust problems. Consider this account from Cronon and Jenkins: This is pre-Bayh-Dole, of course, but also pre-revived IPA, and also pre-Kennedy patent policy. The patents issued in 1959 and 1961. The co-inventors’ work (one from the University of … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 7

WARF’s charter was designed to prevent the University of Wisconsin from using its money for non-scientific research–social sciences, humanities, and the like. The charter also prevented WARF from funding as well as university public service. The idea was that research … Continue reading

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