Tag Archives: enforcement

Federal agency patent enforcement: Gilead, 3

If you turn off all logic, then Bayh-Dole is whatever it is. But with logic on, the compelling public interest reason for the federal government to claim inventions made by federal employees (or even by the employees of federal contractors) … Continue reading

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Federal agency patent enforcement: Gilead, 2

Now let’s look at how Bayh-Dole deals with federal agency patent dealings with regard to licensing. 35 USC 207 authorizes patent dealing and 35 USC 209 stipulates the conditions under which exclusive licenses may be granted and the terms and … Continue reading

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Federal agency patent enforcement: Gilead, 1

Set aside for the moment the standing of a contractor or contractor’s assignee for such stuff. Consider a federal agency. Does a federal agency have standing under Bayh-Dole’s extension of patent law–and especially 35 USC 200 and 207–to seek injunctive … Continue reading

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Federal agency patent enforcement under Bayh-Dole, 6

Bayh-Dole devotes two sections to federal disposition of patents, 35 USC 207 and 209. These sections are then codified at 37 CFR 404. There, the regulations limit the scope of Bayh-Dole (37 CFR 404.2): It is the policy and objective … Continue reading

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Time for an executive order to bring federal agencies into compliance with Bayh-Dole

Bayh-Dole precludes federal enforcement of federally owned patents. The president should issue an executive order confirming this situation by forbidding federal agencies to enforce patent rights covering federally owned patents. Doing so would remove a huge barrier to public utilization … Continue reading

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Federal agency patent enforcement under Bayh-Dole, 3

I have made the claim that Bayh-Dole nowhere expressly authorizes federal agencies to enforce patents on federally owned inventions. There’s no express authorization for federal agencies to enforce patent rights. But perhaps there’s an implied right for the government to … Continue reading

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Bayh-Dole precludes enforcement of federal patents

An argument regarding enforcement of federally owned inventions. Bluntly: the federal government lacks the authority to enforce patents, and the federal government should not enforce patents, and federal dealing in patent monopolies does not work. Let’s expand the argument to … Continue reading

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Can federal agencies enforce patents on federally owned inventions?

Something outlandish. Bayh-Dole does not authorize federal agencies to enforce patents on federally owned inventions. Go look. I’ll wait. Patents on federally owned inventions are not ordinary patents. Bayh-Dole is part of federal patent law, Chapter 18 0f Title 35. … Continue reading

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Bayh-Dole Basics 6: enforcement comments

Bayh-Dole is part of federal patent law. It covers three areas. Public covenant. Bayh-Dole creates a public covenant that runs with inventions arising in federally supported research and development Federal contracting. Bayh-Dole permits nonprofit organizations and small business firms to … Continue reading

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Bayh-Dole Basics 6: enforcement

Back in February and March 2018, Research Enterprise published a series on Bayh-Dole basics. Here’s one more entry in that series. As a first approximation, there is no enforcement of Bayh-Dole. Bayh-Dole is a do WTF you want law. University talk … Continue reading

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