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Category Archives: Stanford v Roche
The Biddle Report’s Perfectly Fine Assumptions
From time to time, I revisit territory. I wrote about this issue almost two years ago, now. I provide here a different angle that gets at the same point. Here’s Sean O’Connor proposing that a flawed assumption in the U.S. … Continue reading
Posted in Bayh-Dole, History, Policy, Stanford v Roche
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Bayh-Dole the Monster
The Bayh-Dole Act makes a great deal about public interest. Throughout the law are gestures toward worthy objectives–use of inventions, manufacturing in the United States, government licenses, and the right of federal agencies to step if they need to. But … Continue reading
Posted in Bayh-Dole, Stanford v Roche
Tagged Bayh-Dole, invention, monster, NIH, patent, Stanford v Roche
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Nolo Press Still Confused About Bayh-Dole, 2
Now the Nolo page turns to Stanford v Roche. Given how Nolo can’t seem to get much at all right about Bayh-Dole, what do you think the odds are with Stanford v Roche? Stanford v. Roche (2011): The Supreme Court … Continue reading
Posted in Bayh-Dole, Present Assignment, Stanford v Roche
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The NIH’s complicity in faux Bayh-Dole and high drug prices
Here’s “A ’20-20′ View of Invention Reporting to the National Institutes of Health”–published by the NIH in 1995. 2. WHAT IS THE BAYH-DOLE ACT AND WHY IS IT IMPORTANT? The Bayh-Dole Act encourages researchers to patent and market their inventions … Continue reading
Posted in Bayh-Dole, History, Stanford v Roche
Tagged 20-20, Bayh-Dole, faux, inventor loathing, NIH
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The banal myth of the necessary institutional monopoly
Louis Rosenfeld wrote an insightful article in Clinical Chemistry on the discovery of insulin “Insulin: Discovery and Controversy.” Three collaborators in the research had a disagreement over inventive contributions to various portions of the work and to settle their disputes gave … Continue reading
Posted in Innovation, Policy, Stanford v Roche, Technology Transfer
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Bayh-Dole nonsense in a talk at the University of Pittsburgh
Last year (March 2016), Joe Allen gave a talk at the University of Pittsburgh, “Patent Ownership Under Bayh-Dole, reported in the University Times. Called “a key architect of the Bayh-Dole Act,” Allen manages to fill a talk summary with mostly … Continue reading
Posted in Bayh-Dole, Bozonet, Stanford v Roche, Technology Transfer
Tagged (f)(2), 401.14, Allen, Bayh-Dole, Harbridge House, Pittsburg, SPRC, Stanford v Roche
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How Bayh-Dole went wrong and what might be done, 1
This article starts a series on structural problems in Bayh-Dole. As an architecture to take ownership of inventions from university investigators, Bayh-Dole suffers from significant flaws. The effort by university patent brokers and their biotech partners has been to cover … Continue reading
Posted in Bayh-Dole, History, Policy, Stanford v Roche
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Going to Eleven on NIST and (f)(2)
NIST is drafting new rules for the standard patent rights clause authorized by Bayh-Dole. Included in the proposed new provisions is a requirement that contractors require the assignment of inventions to the contractor. This is a bad idea. Besides, it’s … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, NIST, Stanford v Roche, vesting statute
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Nothing more. Why (f)(2) isn’t an assignment requirement, and can’t be.
NIST proposes to “clarify” the (f)(2) clause of the standard patent rights clause authorized by Bayh-Dole to turn it into an assignment clause. This is wrong. I will explain. 1. Bayh-Dole does not require an assignment clause. Bayh-Dole gives no … Continue reading
Posted in Bayh-Dole, Stanford v Roche
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Working through an old op/ed on university ownership of inventions
I was out browsing the web and came across an op/ed from 2011 published in the Baylor University magazine Lariat. The anonymous author was opining about the Stanford v Roche case and the title makes clear the position: “Patents should … Continue reading
Posted in Bayh-Dole, Bozonet, Stanford v Roche
Tagged bullshit, invention, patent, professor, royalties, Stanford v Roche
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