Tag Archives: Bayh-Dole

Bayh-Dole Government License–5: Impact Beans

We are working through a recent “webinar” on the Bayh-Dole government license to practice and have practiced. In part, the webinar provides the opportunity to set some things right about Bayh-Dole and to resist the machinations of NIST to try … Continue reading

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Bayh-Dole Government License–4: Licensing Despite the Government License

We are working through a recent “webinar” panel discussion on Bayh-Dole’s government license. The panelists get the government license wrong in material ways and then concern themselves with scenarios in which the government license as they represent it appears to … Continue reading

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Bayh-Dole Government License–3: Sales and Have Made Paths

We are working through a recent webinar discussion of Bayh-Dole’s government license. First we reviewed the government license–it is “to practice and have practiced.” “Practice” has a long history of meaning “make, use, and sell” in the policy statements from … Continue reading

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Bayh-Dole Government License–2: Misrepresenting the Government License

We have been through the Bayh-Dole government license at 35 USC 202(c)(4) and have reviewed its sources in executive branch patent policy from 1963 to 1975. Bayh-Dole was drafted in 1978-79, so the connection to the definitions and usage in … Continue reading

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Bayh-Dole Government License–1: Practice and Have Practiced

NIST published a Green Paper that evidences its confusion with various aspects of Bayh-Dole. One of these areas of confusion involves the government license that Bayh-Dole requires in all federal research contracts, and in particular in the standard patent rights … Continue reading

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Follow up: What if a university fails to patent under Bayh-Dole?

If a university fails to patent under Bayh-Dole, nothing ever happens. But that’s not even the meaningful answer. Look, even if a university gets a patent on a subject invention–one arising from federally sponsored research or development–there’s absolutely nothing in … Continue reading

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Q. What if a university fails to patent under Bayh-Dole? A. Heaven!

Here’s a new query on RE: “What if the university fails to patent under Bayh-Dole?” Answer: Nothing ever happens. Okay, let’s take more time with this question. First, let’s be clear. Under Bayh-Dole, universities have no obligation to use the … Continue reading

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Patents in Space-3

We are working through an article by Famiya Masood published March 11, 2020 in The Nation, a Pakistan newspaper. Masood takes up an important issue–how to make Pakistani research supported by the government more productive for things that people are … Continue reading

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Patents in Space-2

Famiya Masood, a columnist for The Nation, an English-language Pakistani newspaper and law student at Northwestern University, has published an article that argues that Pakistan needs more patents from its government-funded research. Well, perhaps. But she gets Bayh-Dole wrong on … Continue reading

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Patents in Space-1

The Nation, an English-language Pakistani newspaper, published an article on March 11 by Famiya Masood, “Patents in Pakistan” that argues the government must create incentives for university inventors. That much is interesting. But Masood builds her argument using Bayh-Dole as … Continue reading

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