Tag Archives: compliance

Bayh-Dole Compliance

A law firm, Sterne, Kessler, Goldstein & Fox, PLLC, has posted an article on Bayh-Dole compliance written by attorney John Covert, “Patent Prosecution Tool Kit: Federally Funded Inventions and Compliance with the Bayh-Dole Act.” The advice given here is typical, … Continue reading

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A major law firm’s new FAQ on Bayh-Dole, 4: More Mindless Administrative Compliance

We are nearly done with this FAQ from a major law firm purporting to give advice to small companies regarding Bayh-Dole. We are working through a list of 12 administrative compliance steps singled out as the essence of the law–those … Continue reading

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Audit Items for Nonprofit Bayh-Dole Subject Invention Assignment Compliance

Bayh-Dole makes a default public bargain for nonprofit contractors conducting research or development work that receives federal support. Nonprofit contractors may retain ownership of inventions made in such work that they acquire, but if they assign any such invention, the … Continue reading

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More bad Bayh-Dole advice in the wild

Here are “three important questions answered” by a company specializing in Bayh-Dole compliance. (I’m sorry, Nikki. Have your people up their game.) 1) If you report an invention after the 60-day deadline, can the Government take title? Yes, the Government … Continue reading

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Unhelpful NIAID guidance on Bayh-Dole, 1

[NIAID had this document up for all of 2017, as far as I can tell. They have now removed it, and purged it from Google’s cache. But as far as I know, they have not corrected their misrepresentation nor broadcast … Continue reading

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Ten Year Note

Ten years ago, on September 4, 2008, I started the Research Enterprise blog. My idea was to use the blog to document what I had learned about university-based technology transfer over 15 years of licensing practice, and to describe ways … Continue reading

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Guide to Bayh-Dole by the Layers, 5

Fifth Layer: practice On to the next layer of Bayh-Dole, actual practice. We will restrict our discussion here to university practice, but things are much the same for other nonprofits. Small business practice has its own peculiarities, including the oddness … Continue reading

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There Is No Bayh-Dole Compliance for Universities

There is no Bayh-Dole compliance for universities. I know. This goes against everything you’ve heard. But really, let’s get real. Five points. Bayh-Dole applies to federal agencies and to the scope of patent property rights, not to universities. Bayh-Dole applies … Continue reading

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The Key Provisions of Bayh-Dole

Now, with all that fusstation from the University of Pittsburgh out of the way, we might ask then what are the “key provisions” of Bayh-Dole that a university should make faculty and the public aware of. Only One Key Provision … Continue reading

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Five Motivators of University Patent Policy Madness

University patent policies are not what they seem, and are shaped by the exploitation of ideas that have nothing to do with inventiveness, creativity, entrepreneurship, public use, commercial development, investment, economic vitality, public welfare, or even university mission. All these … Continue reading

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