Category Archives: Sponsored Research

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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The devils in the details: Bayh-Dole supports academic freedom, 2

Posted on March 13, 2018 by Gerald Barnett

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 →

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The devils in the details: Bayh-Dole supports academic freedom, 1

Posted on March 12, 2018 by Gerald Barnett

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 →

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Whistling all the way to the bank, revisited 3

Posted on February 14, 2018 by Gerald Barnett

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 →

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University of Utah’s Mount Stupid Disclosure Claim, 3

Posted on February 8, 2018 by Gerald Barnett

Now let’s look at what the University of Utah requires by way of assignment. My snark controls have apparently failed. Here is a link to the template Assignment Agreement (warning, the link downloads a Word document). The template gives as … Continue reading →

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University of Utah’s Mount Stupid Disclosure Claim, 2

Posted on February 7, 2018 by Gerald Barnett

We are working through a statement by the University of Utah regarding disclosure. We have got through one paragraph, and now are headed to the second. Unfortunately, the snark restrictor on my WordPress editor has failed and snark keeps popping … Continue reading →

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University of Utah’s Mount Stupid Disclosure Claim, 1

Posted on February 6, 2018 by Gerald Barnett

Here is a bit from the University of Utah’s web site. The general topic is final invention reporting for grant close out. Here’s the statement of interest (bold in the original, links removed): All University employees are responsible to disclose all … Continue reading →

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University of Manitoba’s Transformational Partnerships, 5 Years On

Posted on January 28, 2018 by Gerald Barnett

Five years ago on this date I posted an article about the University of Manitoba’s bold new venture to transfer inventions made in sponsored research without charging anything but a running royalty on actual sales. There’s all sorts of things … Continue reading →

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Thinking about projects, small and big–8

Posted on December 18, 2017 by Gerald Barnett

Here’s the rub for “the work” that necessarily includes “commercialization.” Any license or assignment of an invention made in “the work” draws that licensee or assignee into “the work.” That licensee, to the extent that commercialization is a requirement of … Continue reading →

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