Tag Archives: exclusive license

The non-preference for US manufacturing under Bayh-Dole

A recent search at RE was looking for “preference for manufacturing in US under Bayh-Dole.” There’s a series of articles here on 35 USC 204. There’s also discussion of the related march-in provision at 35 USC 203(a)(4) and the broader … Continue reading

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If you are against a crappy law like Bayh-Dole

Kevin E. Noonan, a biotech patent attorney, made an interesting assertion in a LinkedIn comment on the fourth article in this series. Maybe he was being flippant, but let’s consider: People against Bayh-Dole just support private industry (much of it … Continue reading

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University Patent Policy for Effective Technology Transfer, 3: Yale patent policy on exclusive licensing

University patent policies do not address exclusive licensing, and yet exclusive licensing is at the core of much current university patent practice. Exclusive licensing is the key thing that Bayh-Dole enabled. And Bayh-Dole, in its federal agency licensing authorization, pees … Continue reading

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What Bayh-Dole Does–enabling but not requiring exploitation of patent monopolies

Prior to the NIH Institutional Patent Agreement program, the Kennedy executive branch patent policy required federal agencies to do the following: Allow contractors with real businesses in non-governmental markets to own inventions made under federal contract, except in research directed … Continue reading

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Bayh-Dole Government License–5: Impact Beans

We are working through a recent “webinar” on the Bayh-Dole government license to practice and have practiced. In part, the webinar provides the opportunity to set some things right about Bayh-Dole and to resist the machinations of NIST to try … Continue reading

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Follow up: What if a university fails to patent under Bayh-Dole?

If a university fails to patent under Bayh-Dole, nothing ever happens. But that’s not even the meaningful answer. Look, even if a university gets a patent on a subject invention–one arising from federally sponsored research or development–there’s absolutely nothing in … Continue reading

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Working through an old misrepresentation of Bayh-Dole, 3

I have previously pointed out the University of Rochester’s strange policy statement with regard to commercialization. This is part of Rochester’s new and stinky. A statement currently pops up on the Rochester site that it will be down for a … Continue reading

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A sense of proportion–3

Prior to federal funding becoming the dominant source of university research funding, most universities operated their invention policies with a review committee that made recommendations to the university president with regard to particular inventions. The volume of invention reporting was … Continue reading

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The consequences of Bayh-Dole non-disclosure of inventions, 3

Finally, we reach a non-empty consequence of an invention becoming a subject invention, even if not disclosed to the federal agency. This consequence has to do specifically with subject inventions made under the nonprofit patent rights clause. Bayh-Dole stipulates that … Continue reading

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Invention is not a thing, 14

Bayh-Dole’s public protection apparatus, even unused as it is, makes it clear that the federal invention economic system is intended to be different from that of private exploitation of patents for financial gain. In the federal economic system, patents are … Continue reading

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