Category Archives: Sponsored Research

The use of the patent system for federal research results, 8: Exploiting the use of the patent system

FSA policy 110, the first agency attempt at making a policy to deal with inventions made in federally supported public health research, tries to establish a middle ground for the use of patents. While clearly endorsing open access, including royalty-free … Continue reading

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The use of the patent system for federal research results, 7: Failure of FSA 110-1 to establish a middle ground

Let’s look more carefully at this second possibility beyond the possibility of open access–and where the “generally” in FSA 110-1 gets triggered to make at an attempted middle ground between always open access and full-on use of patents to exclude … Continue reading

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The use of the patent system for federal research results, 3: FSA 110-1 and public interest

Federal policy on inventions made in federally supported research starts in a big way with Federal Security Agency Order 110-1, dated December 30, 1952. Norman Latker, patent counsel for the NIH, in 1978 testimony before Senator Nelson’s subcommittee, identified Order … Continue reading

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A sense of proportion–5

One can see, then, where Bayh-Dole comes into play in this meaningless mess. Bayh-Dole was drafted by the same folks who created the IPA system. The IPA system was shut down in 1978 as ineffective and contrary to public policy. … Continue reading

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A sense of proportion–3

Prior to federal funding becoming the dominant source of university research funding, most universities operated their invention policies with a review committee that made recommendations to the university president with regard to particular inventions. The volume of invention reporting was … Continue reading

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A sense of proportion–2

University administrators have engaged in a thirty-year effort of research invention management that creates patent gridlock for what amounts to a tiny bit of the overall inventive activity in the country. That’s the black border area on this nice blue … Continue reading

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Research Enterprise Policy Issues: noisy work, quiet work

Let’s discuss practice around research, invention, and enterprise. Let’s start distinguish quiet work and noisy work. When someone is doing unprovoked research on their own–in the proverbial laboratory (institutional) or garage (unaffiliated, gadgeteer, entrepreneur), their work tends to be quiet. … Continue reading

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Research, Nonresearch, and CDC Policy 557

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

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

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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