Category Archives: Policy

Bayh-Dole–six parts real, one part faux

Bayh-Dole is a law in six real parts and one faux part. There’s a policy part (35 USC 200, 201, 206, 210-212); requirements for contractor owned inventions (35 USC 202(a, b), 203, 204, 205); requirements for federally owned inventions (35 … Continue reading

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Bayh-Dole’s only purpose is to exploit public suffering for profit

The Bayh-Dole Act was created to permit the pharmaceutical industry to gain patent monopolies over inventions in medicinal chemistry made with federal government support. I have been through the history. I have worked through law for a decade. I practiced … Continue reading

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The Biddle Report’s Perfectly Fine Assumptions

From time to time, I revisit territory. I wrote about this issue almost two years ago, now. I provide here a different angle that gets at the same point. Here’s Sean O’Connor proposing that a flawed assumption in the U.S. … Continue reading

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The National Patent Planning Commission argument for government-created private patent monopolies, 3

The National Patent Planning Commission quotes administration officials repeating this same argument. Here’s the Under Secretary of Agriculture (1941): The commercial exploitation of new inventions requires, in many cases, the expenditure of large sums of money. In such a case, … Continue reading

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The National Patent Planning Commission argument for government-created private patent monopolies, 2

We are looking at the National Patent Planning Commission argument that the government should be permitted to grant exclusive patent licenses on inventions that it acquires. The basic position is that it is a good thing that the government should … Continue reading

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The National Patent Planning Commission argument for government-created private patent monopolies, 1

I have been working through reports from the mid 1940s on government ownership of patents. There are a number of arguments against government exploitation of patents, but these arguments clearly failed. What arguments won out? Here’s one, from the National … Continue reading

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Optimism for a New Year

It’s a whole new year, rather than just December 32. In 2017, Research Enterprise published over 250 articles on various aspects of invention policy and innovation, with lots of attention on the Bayh-Dole Act and on universities that cannot seem … Continue reading

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Thinking about projects, small and big–6

We have looked at projects. Small projects can be pieces of bigger projects. It’s the big project that controls. Now let’s look at inventions, small and greater. We will see roughly the same thing: the idea of “invention” can be … Continue reading

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Thinking about projects, small and big–4

Let’s repeat, for the sake of emphasis. If a sponsor supports a project, and that project is part of a larger project, then the sponsor necessarily also supports the larger project. It doesn’t matter that there is separate accounting for … Continue reading

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Thinking about projects, small and big–3

We have used a scenario to illustrate the relationship between small projects and big projects in a university research environment. In a sense, this relationship between projects is one of the key drivers of research enterprise. It’s not just that … Continue reading

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