Category Archives: Sponsored Research

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

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

Posted in Bayh-Dole, Sponsored Research | Tagged , , | Comments Off on NSF’s circumvention of Bayh-Dole in cooperative research centers

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

Posted in Bayh-Dole, History, Policy, Sponsored Research, Stanford v Roche | Tagged , , , , , , , | Comments Off on Patent agreements in Federal Procurement Regulations and Bayh-Dole, 2

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

Posted in Bayh-Dole, Sponsored Research, Stanford v Roche | Tagged , , , , | Comments Off on Invention, subject invention, and the clever scheme of Bayh-Dole

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 , , , , | Comments Off on Mapping Bayh-Dole Flow of Control

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 , , | Comments Off on Only Bayh-Dole and University Research Enterprise, 1

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 , , , , , | 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 , , , , , | Comments Off on The Basic Policy Question Behind Bayh-Dole

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 , , , , | Comments Off on Institutional patent derangement syndrome

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 , , , , , , | Comments Off on The devils in the details: Bayh-Dole supports academic freedom, 2

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 , , , , , , , , , | Comments Off on The devils in the details: Bayh-Dole supports academic freedom, 1