Category Archives: Policy

Circumventing Bayh-Dole, Fitt the Second

Circumventing Bayh-Dole is easy. University administrators have been circumventing Bayh-Dole since the law became effective in 1981. Consider next 2) circumvention by exploit–to use Bayh-Dole’s limitations to end up with the best deal under Bayh-Dole and avoid public covenant requirements. … Continue reading

Posted in Bayh-Dole, Policy | Leave a comment

Circumventing Bayh-Dole, Fitt the First

Circumventing Bayh-Dole is easy. University administrators have been circumventing Bayh-Dole since the law became effective in 1981. Let’s look at three sorts of circumvention: 1) circumvention for non-compliant convenience–to make Bayh-Dole do even better what people claim Bayh-Dole was intended … Continue reading

Posted in Bayh-Dole, Policy | Leave a comment

What about “recalibrating” Bayh-Dole?

In 2013, Howard Markel published a “perspective” in the New England Journal of Medicine on the Bayh-Dole Act, “Patents, Profits, and the American People–The Bayh-Dole Act of 1980.” In his article, Markel argues that Bayh-Dole should be “recalibrated,” in part … Continue reading

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

The Lack of Debate on University IP Management

Julie Preston, writing in MedCity News (“Why does anybody own CRISPR? An argument against academic IP“), reports on a talk given by Michael Eisen a few days ago. Eisen has published an article at his blog on the patent fight … Continue reading

Posted in Bayh-Dole, Policy | Leave a comment

Government Interest Patent Activity 1976 to 2016, Part 4

In a portfolio model, 1 invention in 200 becoming a commercial product is acceptable, if the 1 is a big hit. In an agent model, 1 in 200 is unacceptable and borders on malpractice or fraud unless inventors willingly turn … Continue reading

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

How a Moloch state defends its own

A while ago, I was going around with someone about a technical bit in Bayh-Dole. She thought my position was “baloney” because her lawyers had said it was. The language in the law, though, doesn’t support her position, nor do … Continue reading

Posted in Bayh-Dole, Bozonet, Policy, Social Science | Leave a comment

Sooner or later, Oklahoma IP counsel might get it right about inventions

[expanded to include further discussion of the OU policy claim to inventions] In a talk last fall, the IP counsel for the University of Oklahoma, presented this slide on the university’s patent policy: It appears to be a quote from … Continue reading

Posted in Policy | Leave a comment

Ten Years After 25 Years After Bayh-Dole, Part 8

While the patent system might give freedom to just any inventor and patent owner, the federal Government is not any ordinary patent owner, but has particular purposes and interests and expectations–and those may be present in federal patent policy, in … Continue reading

Posted in Bayh-Dole, Policy | Leave a comment

Ten Years After 25 Years After Bayh-Dole, Part 7

We are working through Boettiger and Bennett on changes they would like to see in Bayh-Dole practice. Here’s the fourth change: access to patented, publicly funded technologies for humanitarian purposes We now reach a deeply ironic portion of our authors’ … Continue reading

Posted in Bayh-Dole, Policy | Leave a comment

Ten Years After 25 Years After Bayh-Dole, Part 6

We have worked through the set up to a review article on the Bayh-Dole Act from the perspective of a couple of university licensing office practitioners. It’s a fascinating exercise in repeating the conventional vocabulary of university licensing offices but … Continue reading

Posted in Bayh-Dole, Bozonet, History, Policy | Leave a comment