Category Archives: Policy

Ten Year Note

Ten years ago, on September 4, 2008, I started the Research Enterprise blog. My idea was to use the blog to document what I had learned about university-based technology transfer over 15 years of licensing practice, and to describe ways … Continue reading

Posted in Bayh-Dole, Innovation, Policy, Technology Transfer | Tagged , , , , , | Leave a comment

Who Owns Digital Learning Resources?–6

Let’s come back around to Hal Plotkin’s question–who owns digital learning resources? Plotkin wants the answer to be: certainly not the university bureaucrats aiming to “commercialize” everything and therefore putting everything behind a paywall. That makes sense. Bureaucrats don’t have … Continue reading

Posted in Commons, Freedom, Open Source, Policy | Tagged , | Leave a comment

Who Owns Digital Learning Resources?–5

There’s a basic problem with federal grant support for research. I don’t know if the Department of Education has avoided this problem, but I will put it out there. If a federal agency supports both research and maintenance of contract deliverables, … Continue reading

Posted in Commons, Freedom, Open Source, Policy, Projects | Tagged , , | Leave a comment

Who Owns Digital Learning Resources?–4

Now let’s deal with “digital” educational works in the context of university intellectual property claims. This is something I’ve spent a couple of decades dealing with. The Department of Education published its final rule in January 2017, requiring open licensing … Continue reading

Posted in Commons, Freedom, Open Source, Policy, Projects | Tagged , , , | Leave a comment

Bayh-Dole preempts NIH policy on improper financial gain

Here’s a passage from the NIH Grants Policy Statement (Part I, Chapter 4): NIH grants are subject to requirements intended to ensure that recipient organizations handle their Federal awards responsibly. Recipients are required to adopt and enforce policies that minimize … Continue reading

Posted in Bayh-Dole, Policy | Tagged , , , | Leave a comment

Exceptional Circumstances in Bayh-Dole, 8

We  have looked at the NIH’s views on exceptional circumstances. We started with Dr. Thomas’s 2008 talk, with a discussion about how his talk fundamentally misrepresented Bayh-Dole. We then checked out the PHS Technology Transfer Manual’s statements of policy and … Continue reading

Posted in Bayh-Dole, Policy | Tagged , | Leave a comment

Exceptional Circumstances in Bayh-Dole, 4

In more plain language, even with regard to outcomes, Bayh-Dole is crappy public policy. At best, Bayh-Dole has enabled a betting parlor managed by nonprofits for the future value of patent rights, especially those patents directed at controlling the “market” … Continue reading

Posted in Bayh-Dole, Policy, Technology Transfer | Tagged , | Leave a comment

Exceptional Circumstances in Bayh-Dole, 3

“Exceptional” circumstances are not stated by Bayh-Dole to be rare or unusual ones–they could be common. Exceptional circumstances are those circumstances in which Bayh-Dole’s arbitrary default at 35 USC 202(a) is not the best thing for promoting the policy and … Continue reading

Posted in Bayh-Dole, Policy, Technology Transfer | Tagged , | Leave a comment

AAU, APLU, and others aim to “bolster” federal technology transfer, 4

We are dealing with the bombast that AAU and other “higher education associations” put forward as advice to NIST with regard to how the federal government might better manage its own technology transfer. Instead, the HEAs seek to improve their … Continue reading

Posted in Bayh-Dole, Bozonet, Policy, Technology Transfer | Tagged , , , , , , , , | Comments Off on AAU, APLU, and others aim to “bolster” federal technology transfer, 4

AAU, APLU, and others aim to “bolster” federal technology transfer, 1

AAU has tweeted out its happiness with advice it and other “higher education associations” (APLU, AAMC, COGR, and ACE) have given in response to NIST’s call for public comment on ways to improve federal “technology transfer.” AAU tweets that “Bayh-Dole … Continue reading

Posted in Bayh-Dole, Bozonet, Metrics, Policy | Tagged , , , , , | Comments Off on AAU, APLU, and others aim to “bolster” federal technology transfer, 1