Tag Archives: disclosure

Another question on RE: Are data rights subject to Bayh-Dole?

Are data rights subject to Bayh-Dole? No. Sigh. Yes, in a way. Data rights generally involve the right to control disclosure and/or use of technical information generated within research, experimental, or development work. While some data may involve copyrights (as … Continue reading

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The consequences of Bayh-Dole non-disclosure of inventions, 1

If the federal government had the courage to enforce any one thing in Bayh-Dole, it would be the nonprofit assignment and accounting requirements at 35 USC 202(c)(7). The federal government taking title to non-disclosed subject inventions is mostly useless. Let … 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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9 things Bayh-Dole does not require universities to do, part 1

Let’s review some of the things Bayh-Dole does not require universities to do. These, despite what you may have heard. First the list, then the discussion, then an extended technical note for the folks that want detail and think perhaps … Continue reading

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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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