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Tag Archives: (f)(2)
Only Bayh-Dole and University Research Enterprise, 4
Consider, then, this (f)(2) written agreement requirement that’s outside Bayh-Dole but made a condition of federal funding agreements anyway. The (f)(2) requirement is most certainly not a private patent agreement between a university as employer and its faculty inventors. It … Continue reading
Only Bayh-Dole and University Research Enterprise, 3
We are working through Bayh-Dole without the cover of the political bluffery that permitted Bayh-Dole to become national policy. Without the bluffery, Bayh-Dole addresses the same situation addressed previously by the IPA program, which in turn took up the Harbridge … Continue reading
Posted in Bayh-Dole, Bozonet, History
Tagged (f)(2), 18 USC 242, 37 CFR 401.9, Bayh-Dole, scam, sucks
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The rule of law
Let’s look at Bayh-Dole and subject inventions from another angle. Same material as in our last article, developed a bit differently. Nothing in federal patent law requires an inventor to use the patent system. Nothing in federal patent law vests … Continue reading
Best practices in university invention management, 5
More fun examples from the ipHandbook to demonstrate, ahem, best practices in university ownership of inventions. The visiting scientist. Professor from another university visits and invents. He is compensated through funds from Professor Z’s federal contract. That is, if he … Continue reading
Posted in Agreements, Policy
Tagged (f)(2), faculty, IAA, invention, ipHandbook, ownership, patent rights clause
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The NIH’s View of Bayh-Dole Compliance, 5
We are working NIH’s not so tasty guidance to participants in its SBIR and STTR programs directed at small businesses. We reach the NIH’s account of the “principal features” of Bayh-Dole, at least with regard to “intellectual property” requirements: Principal … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), Bayh-Dole, clueless, NIH, subject invention, written agreement
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The mistaken assumptions of Bayh-Dole, 1
I know this article by Sean O’Connor on the mistaken assumption in Bayh-Dole is six years old and I have discussed this issue previously, but since it is out there on the web, and as far as I know it hasn’t … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), Bayh-Dole, Bremer, Latker, mistaken assumption, patent rights clause
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What has NIST done, actually?-2
Let’s work through what NIST has done with its new rule on assignment of subject inventions by written agreement. The Supreme Court in Stanford v Roche (2011) ruled that Bayh-Dole’s contracting provisions apply only to subject inventions, and that subject inventions … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), assignment, Bayh-Dole, equitable claim, NIST, service invention, Stanford v Roche
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NIST’s Chief Counsel on Bayh-Dole, 2
As further evidence that NIST’s chief counsel does not properly describe Bayh-Dole, consider this point in his first slide of Bayh-Dole “highlights”: This point is accurate only in an obscure technical sense. Bayh-Dole does not preclude a contractor, having obtained … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), Bayh-Dole, commercialization, NIST, patent rights clause, subject invention, Wixon
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NIST makes Bayh-Dole a vesting statute
NIST has issued its final rule on Bayh-Dole and disregards the Supreme Court on the ownership of subject inventions. The Supreme Court was clear that Bayh-Dole’s definition of subject invention means that an invention must be “owned by the contractor” to … Continue reading
The Faster Cures FAQ on Bayh-Dole, 1
Faster Cures has at its web site a FAQ on Bayh-Dole. Let’s work through their account of Bayh-Dole and help them where they appear challenged. 1. What is the Bayh-Dole Act? Co-sponsored by Senators Birch Bayh of Indiana and Robert … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), Bayh-Dole, Faster Cures, invention, IPA, patent, patent rights clause
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