Tag Archives: Bayh-Dole

When is an invention a subject invention?–5

We have pounded our way through the definition of subject invention. We started with the observation that Bayh-Dole is part of federal patent law, not merely an executive branch regulation. Bayh-Dole preempts other federal law and executive branch patent policy … Continue reading

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When is an invention a subject invention?–4

We are working through Bayh-Dole’s definition of “subject invention” at 35 USC 201(e). For an invention to be a subject invention, it must meet every element of the definition. Folks can’t just say something is a subject invention and by … Continue reading

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When is an invention a subject invention?–3

We are dealing with when an invention becomes a subject invention under Bayh-Dole. An invention must meet every element of Bayh-Dole’s definition at 35 USC 201(e) to become a subject invention and cause Bayh-Dole to preempt most other federal law … Continue reading

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When is an invention a subject invention?–2

We are working through the answer to when an invention is a Bayh-Dole subject invention. The reasoned answer is when the invention meets every element of the definition of subject invention at 35 USC 201(e). The simple answer in practice … Continue reading

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When is an invention a subject invention?–1

A search query here at Research Enterprise recently asked how to determine if an invention is a “government subject invention.” Here is your answer. Keep in mind that Bayh-Dole is poorly drafted, not enforced, not complied with, and there’s plenty … Continue reading

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Bayh-Dole Rooster Farms

In February 2019, ILR Review published “Academic Entrepreneurship: The Bayh-Dole Act versus the Professor’s Privilege.” The article is paywalled, but a slide version of the paper by the authors is available at the National Academies website. The authors compare U.S. … Continue reading

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USC still misrepresents Bayh-Dole, 2018 version-Fitt 3

Now, for comedy. USC turns from the obligations of the Bayh-Dole act for universities to technology transfer: Benefits of disclosure and technology transfer include: Bayh-Dole does not require technology transfer. A contractor may comply with Bayh-Dole by using its subject … Continue reading

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USC still misrepresents Bayh-Dole, 2018 version-Fitt 2

USC’s “Bayh-Dole Act Obligations for Universities” overdramatizes–no, misrepresents–Bayh-Dole. USC turns to its own policies. Even here, things are not quite what they seem. Under the USC Intellectual Property Policy, with some exceptions called out within the policy, the University owns … Continue reading

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USC still misrepresents Bayh-Dole, 2018 version-Fitt 1

USC has a document on the web titled “Bayh-Dole Act Obligations for Universities” dated Sept 26, 2018 by the “USC Office of Research.” Let’s have a look. This memorandum provides an overview of University and Federal policies and procedures concerning … Continue reading

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Study Example 1: “Reasonable terms” in Bayh-Dole

Here is Joseph Allen, attempting to make the case that “reasonable terms” in Bayh-Dole’s definition of practical application applies only to licensing terms: Bayh-Dole adopted many of these terms with their original meaning. Section 203 says that the agency funding … Continue reading

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