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Category Archives: Policy
Bayh-Dole Basics, 8: Reasonable Terms Comments-9
We can now–finally–oh gawd this is painful–turn to the place of “reasonable terms” in all of this mess of Bayh-Dole march-in. Simply, Bayh-Dole march in concerns itself with benefits of use available to the public on reasonable terms, not licenses … Continue reading
Bayh-Dole Basics, 8: Reasonable Terms Comments-8
In Bayh-Dole the march-in for health or safety needs is drafted to prevent the government from breaking up private patent monopolies on supported inventions merely because there are health or safety needs. The default public policy in Bayh-Dole is that … Continue reading
Posted in Bayh-Dole, Policy
Tagged Bayh-Dole, march-in, reasonable terms, reasonably satisfy
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Bayh-Dole Basics, 8: Reasonable Terms Comments-7
Now let’s look at Bayh-Dole’s treatment of march-in (35 USC 203(a)) and “reasonable terms”: . . . the Federal agency . . . shall have the right . . . to require the contractor . . . to grant a … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged Bayh-Dole, march-in, public health, reasonably satisfied
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Bayh-Dole Basics, 8: Reasonable Terms Comments-6
Now let’s look at the transmogrification of the definition of practical application from Kennedy to Bayh-Dole. In doing so, we also will see how the usage of “reasonable terms” arises, along with Bayh-Dole’s introduction of “reasonably satisfies.” This gets detailed. … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged Bayh-Dole, FRAND, Kennedy patent policy, reasonable
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Bayh-Dole Basics, 8: Reasonable Terms Comments-5
We are working through the prior federal regulations in an effort to understand the “reasonable terms” requirement in Bayh-Dole’s 35 USC 203(a)(1) march-in condition. In the Kennedy executive branch patent policy, contractors had two primary routes to retain ownership of … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged Bayh-Dole, march-in, reasonable terms, sewage
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Bayh-Dole Basics, 8: Reasonable Terms Comments-4
We are working through the details of prior treatments of what becomes “reasonable terms” in Bayh-Dole’s definition of “practical application.” This definition in turn becomes the threshold for federal agency march-in under 35 USC 203(a)(1)–the first of the four march-in … Continue reading
Bayh-Dole Basics, 8: Reasonable Terms Comments-3
We are working through the NIH’s Institutional Patent Agreement master template to establish the context for Bayh-Dole’s use of “reasonable terms” in its definition of practical application, which in turn establishes the march-in threshold for 35 USC 203(a)(1), one of … Continue reading
Patents, Medicines, Public Funding–1
Let’s look at four areas of health “technology”: preventions, cures, facilitators, and alleviators. A prevention does just that–prevents an adverse health condition. A vaccine, for instance, prevents a disease (for many, and sometimes with adverse reactions, even deaths). Or, regular … Continue reading
Posted in Innovation, Policy
Tagged alleviator, CF, cure, facilitator, prevention
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Research Enterprise Policy Issues: fragmentation of noisy research
We have looked at noisy research and quiet research. Policy folks don’t much care, but it appears to make a difference whether research is conducted quietly or noisily. In quiet research, variations are explored, applications considered, data assembled, evidence checked … Continue reading
Posted in Commons, Innovation, Policy
Tagged commercialization, federal funding, fragmentation, noisy research
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Bayh-Dole’s patent law policy on patent property rights, 2
We are working through Bayh-Dole’s statement of policy at 35 USC 200 on the premise that this statement of policy, a part of patent law, has a material effect on the patent property rights of all inventions within the scope … Continue reading