Tag Archives: 37 CFR 401.9

The booger way of innovation

Consider these two pathways by which universities might acquire inventions under Bayh-Dole’s patent rights clause. 1. Non-compliant. University by policy asserts ownership of all inventions made by faculty. University refuses to comply with the (f)(2) written agreement requirement in Bayh-Dole’s … Continue reading

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Going to Eleven on NIST and (f)(2)

NIST is drafting new rules for the standard patent rights clause authorized by Bayh-Dole. Included in the proposed new provisions is a requirement that contractors require the assignment of inventions to the contractor. This is a bad idea. Besides, it’s … Continue reading

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Some Questions from a Future FAQ on Bayh-Dole

Q. Can a university violate the Bayh-Dole Act? A. No. Bayh-Dole applies to federal agencies. The law requires federal agencies to adopt uniform practices regarding patent rights to inventions in funding agreements. Bayh-Dole (now) authorizes the Department of Commerce to … Continue reading

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How Bayh-Dole failed to protect faculty inventors (from university administrators)

[Now with some revisions in the second paragraph that on reflection were worth making.] There are a number of things wrong with the Bayh-Dole Act, such as the lack of accountability for the disposition of privately held patents on inventions … Continue reading

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More problems with the wild success of Bayh-Dole

There are plenty of jewels in Gene Quinn’s recent opinion piece. Perhaps the readers at IP Watchdog are all true believers in Bayh-Dole, so Mr. Quinn does not feel much need to work hard at what he writes. Here at Research … Continue reading

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37 CFR 401.9

There’s something interesting about 37 CFR 401.9.  Okay, so you don’t have Bayh-Dole memorized.  37 CFR 401.9 is the provision that implements, among other things, 35 USC 202 (d), which is the part of the Act that allows inventors to … Continue reading

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