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- Bayh-Dole Basics 5: invention assignment
- The Cork in the Keg: Open Source Software Complies with Bayh-Dole But University Invention Practice Often Does Not
- The Bayh-Dole government license (and Grinches)
- The sound and fury of nonprofit assignments of subject inventions
- When is an invention a subject invention?--1
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Tag Archives: 35 USC 200
Bayh-Dole’s patent law policy on patent property rights, 2
We are working through Bayh-Dole’s statement of policy at 35 USC 200 on the premise that this statement of policy, a part of patent law, has a material effect on the patent property rights of all inventions within the scope … Continue reading
Bayh-Dole’s patent law policy on patent property rights, 1
Bayh-Dole, part of federal patent law, starts with a statement of “Policy and Objective” at 35 USC 200. Usually, commentators treat this bit as “preamble” or “a restatement of legislative intent” or, bluntly, inoperative fluff. The commentators are wrong. 35 … Continue reading
WARF, Vitamin D, and the Public Interest, 2
We have worked through a 1945 appeals court reasoning about the University of Wisconsin’s president’s refusal to allow the licensing of an invention beneficial to public health for use in food products that might compete with State of Wisconsin dairy … Continue reading
Posted in Bayh-Dole, Commons, History, Policy
Tagged 35 USC 200, 35 USC 202, Bayh-Dole, Canned Water 4 Kids, IPA, monopoly meme, public interest
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Enforce Bayh-Dole To Reform Bayh-Dole
I posted the first half of an article that lays out how Bayh-Dole, if university adminstrators complied with the law and its patent rights clause, would support the academic freedom of faculty inventors. I also pushed a related tweet thread … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), 35 USC 200, Bayh-Dole, Darth Vader, enforce
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Bayh-Dole basics, 1: public covenant comments
University patent administrators ignore Bayh-Dole’s statement of policy at 35 USC 200. At best, they treat it as a statement of objectives, not policy, and that these objectives are a problem for Congress if no one bothers to accomplish them. … Continue reading
Posted in Bayh-Dole
Tagged 35 USC 200, Bayh-Dole, invention, public covenant
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Bazooka or Squirt Gun?: Working through 35 USC 200
Bayh-Dole gets at monopoly pricing through patent law, not licensing restrictions. Bayh-Dole is a part of federal patent law, not federal procurement regulations. This was a big change from the prior practice, including the Institutional Patent Agreement program. Unlike the … Continue reading
Posted in Bayh-Dole
Tagged 35 USC 200, Bayh-Dole, covenant, march-in, policy, price, utilization
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