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Category Archives: Sponsored Research
Patent agreements in Federal Procurement Regulations and Bayh-Dole, 2
If we return for a moment to O’Connor’s article–it is a great read for what it aims to do, but for O’Connor’s theme of abstract mistaken assumptions rather than providing a specific account of Latker’s lack of drafting ability–there is … Continue reading
Invention, subject invention, and the clever scheme of Bayh-Dole
Here is the definition of invention in the Kennedy executive branch patent policy, 1963 (Section 4(b)): Invention or Invention or discovery–includes any art, machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety … Continue reading
Mapping Bayh-Dole Flow of Control
I have updated this article from June 24, 2011 in light of the Stanford v Roche decision. In its previous version, the article sets out the idea that a federal agency has a right to claim title to inventions made … Continue reading
Posted in Bayh-Dole, Sponsored Research
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, flow of control, SPRC
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Only Bayh-Dole and University Research Enterprise, 1
Let’s talk only Bayh-Dole and university research. Companies didn’t need Bayh-Dole for the most part, since executive branch patent policy allowed federal agencies to permit company contractors to keep inventions made under federal contracts when they acquired those inventions. There … Continue reading
Posted in Bayh-Dole, Sponsored Research
Tagged arbitrary, Bayh-Dole, IPA
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Best practices in university invention management, 3
We are working through ipHandbook’s discussion of best practices in university ownership of inventions. After a clear discussion of invention ownership–inventors own their inventions unless they have agreed to assign them or it is equitable to find that circumstances imply … Continue reading
Posted in IP, Policy, Sponsored Research
Tagged employment, invention, ownership, policy, resources, Shaw
2 Comments
The Basic Policy Question Behind Bayh-Dole
There’s one simple issue: Should the federal government subsidize with public funding for nonprofit research the creation of patent monopolies? There it is. The answer that has dominated for thirty-five years is “Yes.” How comfortable are you with that? Gut-level? … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Sponsored Research, Technology Transfer
Tagged Bayh-Dole, federal funding, IPA, patent policy, research, scheme
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Institutional patent derangement syndrome
The discussion of university ownership of patents on inventions made in faculty-led research invariably adopts the singular. Consider one invention at one university. Now, doesn’t it make sense that university administrators should take over that invention for the good of … Continue reading
Posted in Bozonet, Policy, Sponsored Research, Technology Transfer
Tagged institutional patent derangement syndrome, inventions, madness, nanotubes, patents
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The devils in the details: Bayh-Dole supports academic freedom, 2
Part 1 of this article is here. By requiring the contractor to require “technical” employees to make a written agreement, (f)(2) does some fundamental things within the framework of definitions set up by Bayh-Dole. Watch the devils tumble out in … Continue reading
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, devil, patent, subject invention, WARF
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The devils in the details: Bayh-Dole supports academic freedom, 1
Bayh-Dole supports the academic freedom of faculty inventors. University administrators refuse to comply. Here, we walk through the law, the implementing regulations, the various patent rights clauses to show the result. Fair warning to university administrators reading this piece. I … Continue reading
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.14, 37 CFR 401.9, academic freedom, Bayh-Dole, contractor, funding agreement, patent, subject invention, turdly
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Whistling all the way to the bank, revisited 3
Having established the contracting problem for government-sponsored “basic research,” let’s get into how the patent administration folks got into changing things around from government ownership to institutional ownership, when the institutions didn’t have policies and practices that swept up inventions … Continue reading
Posted in Bayh-Dole, History, Sponsored Research, Technology Transfer
Tagged Bayh-Dole, inventions, IPA, patents
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