Tag Archives: Bayh-Dole

Nine Points to Consider (with regard to AUTM’s licensing survey), 8-9

We are considering nine points with regard to AUTM’s annual licensing survey. We have got through seven points–not validated and with estimates, duplicate reporting, conflating technology and invention, activity measures giving the illusion of a process at work, no reporting … Continue reading

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Nine Points to Consider (with regard to Bayh-Dole)

No matter how one takes apart the assertions of the advocates for the Bayh-Dole Act, they just keep coming back, like some obsessive combatant out of Road Warrior. In the articles here at Research Enterprise, I have documented and reasoned … Continue reading

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On advocative fakery of Bayh-Dole

Advocates of Bayh-Dole tell a fake history. They say that before Bayh-Dole, the federal government owned all inventions made with federal support. They say that Bayh-Dole gave universities the right to take ownership of inventions made with federal support. They … Continue reading

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Nixon’s Need and Encouragement

In a series of articles we have dealt with the monopoly meme. The monopoly meme argues that the true purpose of patents is the corporate right to exclude all others from practicing an invention. Without this right of exclusion, so … Continue reading

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15 USC 2218(d)

A federal statute passed in 1974 establishes a federal policy with regard to inventions made with federal support–15 USC 2218(d). Folks wrapped up with Bayh-Dole don’t often mention 15 USC  2218, which establishes the authority of the administrators of federal … Continue reading

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“Government” rights in federally supported inventions, 2

We might ask, then, what happens if a contractor does not acquire ownership of an invention made in the performance of work under a federal funding agreement. The answer is that 15 USC 2218(d) remains in effect, and even though … Continue reading

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“Government” rights in federally supported inventions, 1

Bayh-Dole requires federal agencies to use a patent rights clause that includes a provision under which contractors who obtain ownership of a patentable invention made in the performance of work under a federal funding agreement and elect to retain that … Continue reading

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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

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Why do we have Norman Latker’s fantasy rather than Vannevar Bush’s fantasy?

There’s a number of people out blaming Bayh-Dole for high drug prices. There’s plenty to blame Bayh-Dole for–it’s an ugly law with a dismal track record. And there are ways that Bayh-Dole can be implicated in high drug prices, but … Continue reading

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28,000 federal patents and the monopoly meme went into a bar, 4

In 1980, in introducing S. 414, Senator Dole repeats the 28,000 patents meme: Now, however, it’s 5 percent, not 4 percent, and it’s not inventions licensed but rather inventions used. It’s a wonderful bit of bluffery. There’s nothing in Forman’s … Continue reading

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