Category Archives: Sponsored Research

Research, Nonresearch, and CDC Policy 557

Posted on February 25, 2019 by Gerald Barnett

The Centers for Disease Control has a document–Policy 557–that lays out when Institutional Review Board involvement is necessary with regard to distinctions between patient care and the involvement of patients in research. Here’s the basic policy: CDC has an ethical … Continue reading →

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Bush v Kilgore v the Old Order v Now

Posted on February 1, 2019 by Gerald Barnett

In 2005, Nicholas Steneck at the University of Michigan taught a course in the history of science–“Science, Technology and Society–1940 to the Present.” Here’s his lecture outline for the part about federally funded science and engineering during World War 2: … Continue reading →

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NSF’s circumvention of Bayh-Dole in cooperative research centers

Posted on October 25, 2018 by Gerald Barnett

Bayh-Dole positions the “preference” for United States industry as the most important provision of the law, asserting precedence over any other part of Bayh-Dole (see 35 USC 203). Bayh-Dole requires owners of subject inventions to require certain exclusive licensees to … Continue reading →

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Patent agreements in Federal Procurement Regulations and Bayh-Dole, 2

Posted on October 18, 2018 by Gerald Barnett

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 →

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Invention, subject invention, and the clever scheme of Bayh-Dole

Posted on October 15, 2018 by Gerald Barnett

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 →

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Mapping Bayh-Dole Flow of Control

Posted on July 30, 2018 by Gerald Barnett

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 →

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Only Bayh-Dole and University Research Enterprise, 1

Posted on July 24, 2018 by Gerald Barnett

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 →

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Best practices in university invention management, 3

Posted on June 6, 2018 by Gerald Barnett

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 →

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The Basic Policy Question Behind Bayh-Dole

Posted on April 4, 2018 by Gerald Barnett

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 →

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Institutional patent derangement syndrome

Posted on April 3, 2018 by Gerald Barnett

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 →

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