Category Archives: Policy

University inventions that aren’t exactly worthless-4

Posted on August 30, 2019 by Gerald Barnett

If we work through these issues, it is apparent that it is a very special case where an invention cannot be used unless it is first productized, and that such productization will not be undertaken by the federal government, or … Continue reading →

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University inventions that aren’t exactly worthless-2

Posted on August 28, 2019 by Gerald Barnett

Companies, it turns out, are pretty good at evaluating inventions that are “worth” something to them. Companies with large research enterprises appear to be less good than others, however. The story at Xerox PARC was that inventors hoped that their … Continue reading →

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University inventions that aren’t exactly worthless-1

Posted on August 27, 2019 by Gerald Barnett

Let’s work the logic of university administrators thinking, ahem, about innovation. We have to do this sort of thing because it appears few university administrators bother with logic. Logic certainly is easily distracted by fallacies and is perhaps then overrated. … Continue reading →

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Bayh-Dole Rooster Farms

Posted on August 6, 2019 by Gerald Barnett

In February 2019, ILR Review published “Academic Entrepreneurship: The Bayh-Dole Act versus the Professor’s Privilege.” The article is paywalled, but a slide version of the paper by the authors is available at the National Academies website. The authors compare U.S. … Continue reading →

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USC still misrepresents Bayh-Dole, 2018 version-Fitt 3

Posted on August 5, 2019 by Gerald Barnett

Now, for comedy. USC turns from the obligations of the Bayh-Dole act for universities to technology transfer: Benefits of disclosure and technology transfer include: Bayh-Dole does not require technology transfer. A contractor may comply with Bayh-Dole by using its subject … Continue reading →

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USC still misrepresents Bayh-Dole, 2018 version-Fitt 2

Posted on August 2, 2019 by Gerald Barnett

USC’s “Bayh-Dole Act Obligations for Universities” overdramatizes–no, misrepresents–Bayh-Dole. USC turns to its own policies. Even here, things are not quite what they seem. Under the USC Intellectual Property Policy, with some exceptions called out within the policy, the University owns … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-9

Posted on June 28, 2019 by Gerald Barnett

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 →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-8

Posted on June 26, 2019 by Gerald Barnett

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 →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-7

Posted on June 25, 2019 by Gerald Barnett

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 →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-6

Posted on June 24, 2019 by Gerald Barnett

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 →

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