Category Archives: Sponsored Research

The heart plug in federal grants and contracts

I see a question in my search feed: “Does a Bayh-Dole patent clause make a grant a contract?” Let’s sort this out. Short answer. No, the presence of a patent rights clause does not change the nature of the agreement. Bayh-Dole … Continue reading

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On Exclusive Licenses For Research Technology

Here’s a response I wrote for a research team that is working through issues regarding the licensing of their inventive technology. The team is spread across multiple institutions in multiple countries, working on an enabling technology in medical engineering. ***** The … Continue reading

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What’s uniform and what should never be, Part 5

If there’s no need for the federal government to make money from patent positions, and the federal government transfers the administration of these patents to universities, then universities also have no need to make money from these patent positions. They … Continue reading

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What’s uniform and what should never be, Part 4

[I have expanded the first section to fill out the difference between acquiring the federal government’s right of ownership in subject inventions and the federal government giving up on having an ownership interest in subject inventions–muddling this distinction is at … Continue reading

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What’s uniform and what should never be, Part 3

There are, then, three entry points for the IPA approach re-established by Norm Latker at HEW in 1968. First, an agency may allow a university to acquire rights at the time of contracting at the agency director’s discretion–if doing so is … Continue reading

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What’s uniform and what should never be, Part 2

In 1963, President Kennedy created a government-wide federal policy to address when and how federal agencies might consider allowing patent rights to remain with a contractor–any contractor, not just universities, and under any contract–not just procurement but also grants-in-aid or subventions. From … Continue reading

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What’s uniform and what should never be, Part 1

One of the common description of the Bayh-Dole Act is that it established “uniform” federal patent policy: Enacted on December 12, 1980, the Bayh-Dole Act (P.L. 96-517, Patent and Trademark Act Amendments of 1980) created a uniform patent policy among the many federal agencies that … Continue reading

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Actual reduction to practice

In working through some of the legislative background to the failed effort to make the IPA template government-wide, I came across a curious passage in testimony attributed to the Library of Congress Research Service. The Service was addressing the issue … Continue reading

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Research and Development

In 2 CFR 215 (Circular A-110), we find definitions of research and development (dd): Research and development means all research activities, both basic and applied, and all development activities that are supported at universities, colleges, and other non-profit institutions. This … Continue reading

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Bayh-Dole, the love monster of patent attorneys and speculators

Joe Allen has written a new piece warning of the dangers of trying to use Bayh-Dole march-in procedures to control drug prices. And he has a point–the Bayh-Dole march-in procedures were not designed to deal with pricing. In fact, the … Continue reading

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