Tag Archives: disclosure

Another NIST FAQ-up, 2

For the rest of NIST’s FAQ’d-up answer, let’s parse closely. NIST has just repeated the obvious–if an invention has been conceived and reduced to practice prior to federal funding, it is not a subject invention. The question, however, has to … Continue reading

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Bayh-Dole inventor disclosure summary

Let’s summarize. Bayh-Dole does not require inventors to disclose inventions arising in federally supported research or development. It’s just not there. Go look. I’ll wait. Bayh-Dole does not require inventors to give up rights to their inventions.  It’s not there. … Continue reading

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When to disclose inventions? Part II: Bayh-Dole, 2

We are explaining why, despite widespread insistence by folks who set themselves up as experts, there’s no obligation in Bayh-Dole for inventors to disclose inventions made under a federal contract. The first point to be made is that if one … Continue reading

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When to disclose inventions? Part II: Bayh-Dole, 1

When to disclose a subject invention under Bayh-Dole? It doesn’t matter. Really. Let me explain. The Bayh-Dole Act applies to subject inventions. A subject invention is an invention (i) owned by a contractor (ii) that is or may be patentable … Continue reading

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“Promote” in Bayh-Dole, 4

In arguing in Public Citizen v NIH that secret exclusive deals were the only way the NIH could fulfill its public mission–or at least the mission of its patent licensing office–the NIH produced some interesting metrics. In 2000, the NIH … Continue reading

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Bayh-Dole Basics, 7: Disclosure comments, 4

Though it’s rather useless to do so, let’s consider then the steps required by a Bayh-Dole compliant disclosure. I say it’s useless because no one complies with Bayh-Dole and federal agencies don’t care. The law doesn’t operate but enables something … Continue reading

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Bayh-Dole Basics, 7: Disclosure comments, 3

We are considering disclosure under Bayh-Dole. You may have thought that every invention made with anything like federal support must be disclosed. That you now know is not true. Under Bayh-Dole, inventors have no obligation to disclose anything, though they … Continue reading

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Bayh-Dole Basics, 7: Disclosure comments, 2

We are working through the details of Bayh-Dole’s requirement that all subject inventions must be disclosed. What are subject inventions? What is the scope of a funding agreement? Who must disclose? What is the nature of the disclosure? Good questions, … Continue reading

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Bayh-Dole Basics, 7: Disclosure comments, 1

This will be longish. For the brief of heart, here’s a synopsis. Invention disclosure is the heart of Bayh-Dole standard patent rights compliance. Disclosure is not reporting that an invention exists. Disclosure means providing, for an invention owned by a … Continue reading

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Bayh-Dole Basics, 7: Disclosure

The Bayh-Dole Act requires contractors who acquire title to an invention made in the performance of work under a federal funding agreement to disclose that invention to the federal government. Here’s 35 USC 202(c)(1), specifying one condition among others that … Continue reading

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