Tag Archives: 35 USC 202(a)

Does Bayh-Dole Require a Written Assignment?

Posted on November 19, 2018 by Gerald Barnett

Does Bayh-Dole require a written assignment? No. But Bayh-Dole is screwy. I’ll elaborate. Look all you want, there’s no assignment requirement in Bayh-Dole. Heck, the Supreme Court looked for an assignment requirement and couldn’t find it. Here’s how the majority … Continue reading →

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Bayh-Dole’s Ruby Slippers

Posted on September 17, 2018 by Gerald Barnett

This is a story about 35 USC 201(b), 35 USC 202(a), 37 CFR 401.9, and 37 CFR 401.14(f)(2) and (g)(1). These provisions of Bayh-Dole, implementing regulations, and standard patent rights clause, when read together, create ruby slippers. The story requires … Continue reading →

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