Tag Archives: Bayh-Dole

Bayh-Dole? Nope.

A bill that drastically changed the United States patent system made it through the legislature without substantial debate. Bayh-Dole? Nope. But sure sounds familiar. House Bill 3610 passed during an all-night session of the House without even a committee hearing. … Continue reading

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The NIH’s View of Bayh-Dole Compliance, 8

We are working through the NIH’s policy manual on Bayh-Dole. We reach a helpful list. Some of the steps required by the regulation to retain intellectual property rights to subject inventions include: Report all subject inventions to NIH. Make efforts … Continue reading

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The NIH’s View of Bayh-Dole Compliance, 7

We have come full circle through NIH’s garbled version of Bayh-Dole, having been referred by the NIH’s SBIR guidance back to the NIH’s policy manual regarblization of Bayh-Dole in section 8.2.4. Section 8.2 has a bunch of data and research … Continue reading

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The NIH’s View of Bayh-Dole Compliance, 6

Research Enterprise has been examining the NIH’s representation of Bayh-Dole. So far we have seen that the NIH persists in citing a 1995 document that gives “guidance” that the Supreme Court in Stanford v Roche (2011) rejected. But the NIH … Continue reading

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The NIH’s View of Bayh-Dole Compliance, 5

We are working NIH’s not so tasty guidance to participants in its SBIR and STTR programs directed at small businesses. We reach the NIH’s account of the “principal features” of Bayh-Dole, at least with regard to “intellectual property” requirements: Principal … Continue reading

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The NIH’s View of Bayh-Dole Compliance, 4

Here’s the NIH offering an overview of Bayh-Dole for its SBIR and STTR programs. Much of the “information” here appears to be drawn from an NIH Q&A document from 1995. That document, “A ’20-20′ View of Invention Reporting to the … Continue reading

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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

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The NIH’s View of Bayh-Dole Compliance, 2

A while ago, I worked through a slide in an NIH presentation about Bayh-Dole compliance. The conclusion there was that the presentation was sloppy, lacked important details, and misrepresented the Bayh-Dole standard patent rights clause. There are other accounts of … Continue reading

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Bayh-Dole Up Your Counsel, 4

We are working through the UpCounsel account of Bayh-Dole. It’s not all terrible. There are some useful points to come. Overall, however, the work here is sloppy, misleading, not what one would expect for a barrel full of part-time legal … Continue reading

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Bayh-Dole Up Your Counsel, 3

I won’t belabor the problems in the next section of UpCounsel’s account of Bayh-Dole. The major provisions of Bayh-Dole are 1) a public covenant that runs with patent property rights on inventions arising in federally supported research or development–and specifically … Continue reading

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