Category Archives: Present Assignment

The University of Michigan’s Mess of a Copyright Policy, Part III

Part I of this series looked at the University of Michigan 1944 patent policy and its transmogrified afterlife as Regents Bylaw 3.10, and the strange Supplemental Appointment Information invention present assignment document that claims to derive from Bylaw 3.10. Part … Continue reading

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The University of Michigan’s Mess of a Present Assignment, Part I

In reviewing university IP policies while I consider how a policy can come to transfer, as if by magic, IP from an author or inventor to a university merely by the assertion of university ownership, I came upon the following Form … Continue reading

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Some Questions from a Future FAQ on Bayh-Dole

Q. Can a university violate the Bayh-Dole Act? A. No. Bayh-Dole applies to federal agencies. The law requires federal agencies to adopt uniform practices regarding patent rights to inventions in funding agreements. Bayh-Dole (now) authorizes the Department of Commerce to … Continue reading

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Bayh-Dole was written for the research foundations. Pity for us all that it didn’t work out.

After I wrote the previous article, it struck me that the origins of Bayh-Dole really are with the affiliated research foundations trying to license patents to industry, not with the universities, and not even with Research Corporation (which remained neutral … Continue reading

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How Bayh-Dole failed to protect faculty inventors (from university administrators)

[Now with some revisions in the second paragraph that on reflection were worth making.] There are a number of things wrong with the Bayh-Dole Act, such as the lack of accountability for the disposition of privately held patents on inventions … Continue reading

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The Legal Context of University IP, Part 2 Revisited

In 2010, the National Academies and the National Research Council published a commissioned a report–The Legal Context of University Intellectual Property and Technology Transfer by Sean O’Connor, Gregory D. Graff, and David E. Winickoff. Here are comments on the findings of … Continue reading

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The Legal Context of University IP, Part 1 Revisited

In 2010, the National Academies and the National Research Council published a commissioned a report–The Legal Context of University Intellectual Property and Technology Transfer by Sean O’Connor, Gregory D. Graff, and David E. Winickoff. The report lists 45 findings and expands … Continue reading

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Nolo Can’t Get Either Bayh-Dole or Stanford v Roche Right

I have always liked Nolo Press publications. They are usually well written, easy to read, and affordable. But here’s a bit from Nolo’s “Legal Encyclopedia” doing a number on Bayh-Dole–and this is after Stanford v Roche, because they manage to … Continue reading

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University Invention Fascism

Back in the day, “totalitarian” had a meaning more akin to “holistic”–the state should take care of each of its citizens.  But nice gestures are often vectors for dangerous pathogens.  Universities have adopted a similar set of claims with their … Continue reading

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Where have you gone, Curt Flood?

It should be clear by now:  universities have no basis to compel assignment of faculty intellectual property.  The basis for faculty assignment of IP is voluntary agreement–either at employment because a faculty member is expressly hired to invent something, or … Continue reading

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