A couple of years ago, I worked through a Nolo Press excerpt on the Bayh-Dole Act, showing how dreadfully wrong it is. That bit is still up at the Nolo Press site, and still dreadful as ever. I came back across it yesterday while looking for something else. That it remains up is testimony to how deeply unmindful university officials and writers about the topic remain. It’s not just that they get complicated stuff wrong (that’s bad enough, if they consider themselves experts), but it is also that they just don’t seem to care that they get things wrong.
I have worked through the Nolo page again, providing more detail for the problems and suggesting alternative language that accurately restates Bayh-Dole and Stanford v Roche. The most rotten part of the Nolo account is that, although it appears addressed to university employees who might invent, it does little to show those employees what they ought to consider in dealing with inventions arising in and around federally funded research. It’s worse than useless–it’s in many places outright wrong, and the advice it offers is awful. Other than that, it’s nicely edited. Continue reading