Tag Archives: 204

Five easy ways to circumvent Bayh-Dole’s “manufactured substantially” requirement

Bayh-Dole makes American manufacture of product based on subject inventions the centerpiece of the law. Bayh-Dole’s statement of policy and objective calls out promotion of inventions “made in the United States by United States industry and labor” (35 USC 200). … Continue reading

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Illusions of Bayh-Dole: “manufactured substantially” 4

Previous articles in the series are here, here, and here. The series continues here and here. There’s a simple point to make about Bayh-Dole’s section 204 requirement that exclusive licenses to use or sell products based on a subject invention … Continue reading

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Illusions of Bayh-Dole: “manufactured substantially” 2

The start of this article is here. We are taking apart section 204 of the Bayh-Dole Act, the “Preference for United States manufacturing” that ends up being almost useless for its purpose. But to get there, we have to go … Continue reading

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Illusions of Bayh-Dole: “manufactured substantially” 1

Let me show you how empty the Bayh-Dole provision on “Preference for United States Industry” (35 USC 204) is. According to its terms, this provision is the single most important piece of federal patent policy. For convenience, here’s the provision: … Continue reading

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