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Tag Archives: 37 CFR 401.9
Does Bayh-Dole Require a Written Assignment?
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
Posted in Bayh-Dole
Tagged 35 USC 202(a), 37 CFR 401.9, assignment, Bayh-Dole
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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 3
A careful read of Bayh-Dole and its omission of the patent agreement requirement argues not only did Bayh-Dole reverse the “presumption” of federal ownership of inventions made under contract but also repudiated the federal requirement that contractors own inventions so … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, FPR, SPRC, work of clowns
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Mapping Bayh-Dole Flow of Control
I have updated this article from June 24, 2011 in light of the Stanford v Roche decision. In its previous version, the article sets out the idea that a federal agency has a right to claim title to inventions made … Continue reading
Posted in Bayh-Dole, Sponsored Research
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, flow of control, SPRC
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Only Bayh-Dole and University Research Enterprise, 3
We are working through Bayh-Dole without the cover of the political bluffery that permitted Bayh-Dole to become national policy. Without the bluffery, Bayh-Dole addresses the same situation addressed previously by the IPA program, which in turn took up the Harbridge … Continue reading
Posted in Bayh-Dole, Bozonet, History
Tagged (f)(2), 18 USC 242, 37 CFR 401.9, Bayh-Dole, scam, sucks
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Bayh-Dole for university faculty
Let’s put Bayh-Dole plainly for university faculty. Under federal patent law, inventors own their inventions. Federal patent law does not require inventors to use the patent system. Federal patent law does not require inventors to assign their inventions. Bayh-Dole is … Continue reading
Posted in Uncategorized
Tagged 37 CFR 401.9, Bayh-Dole, faculty, standard patent rights clause
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The NIH’s View of Bayh-Dole Compliance, 3
We are working through NIH guidance on Bayh-Dole reporting requirements. In the process we are making note about how thoroughly NIH misrepresents Bayh-Dole. Sloppy? Indifferent? Does it matter? The next bit is going to be a bother: If it helps, … Continue reading
Posted in Bayh-Dole
Tagged 37 CFR 401.9, Bayh-Dole, NIH
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Guide to Bayh-Dole by the Layers, 3
[The default patent rights clause authorized by Bayh-Dole is the inventor patent rights clause at 37 CFR 401.9, a subset of 37 CFR 401.14. The default is enabled when contractors comply with 37 CFR 401.14(f)(2)–except they never do. Under the … Continue reading
Posted in Bayh-Dole
Tagged 37 CFR 401.14, 37 CFR 401.9, Bayh-Dole, patent rights clause
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The devils in the details: Bayh-Dole supports academic freedom, 2
Part 1 of this article is here. By requiring the contractor to require “technical” employees to make a written agreement, (f)(2) does some fundamental things within the framework of definitions set up by Bayh-Dole. Watch the devils tumble out in … Continue reading
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, devil, patent, subject invention, WARF
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The devils in the details: Bayh-Dole supports academic freedom, 1
Bayh-Dole supports the academic freedom of faculty inventors. University administrators refuse to comply. Here, we walk through the law, the implementing regulations, the various patent rights clauses to show the result. Fair warning to university administrators reading this piece. I … Continue reading
Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche
Tagged (f)(2), 37 CFR 401.14, 37 CFR 401.9, academic freedom, Bayh-Dole, contractor, funding agreement, patent, subject invention, turdly
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Bayh-Dole Basics, 4: contractor comments
Bayh-Dole defines anyone on the other side of a funding agreement from a federal agency as a contractor. The term is arbitrary and misleading. Let’s look at both aspects. The standard patent rights clause requires the contractors that host federally … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), 37 CFR 401.14(a), 37 CFR 401.9, Bayh-Dole, contractor, faux, predatory, small business, Stanford v Roche, subcontract
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