Tag Archives: fantasy

What has Bayh-Dole changed?

Posted on February 1, 2021 by Gerald Barnett

There’s a persistent claim made that Bayh-Dole somehow changed university technology transfer–started it, revolutionized it, and/or made it successful where it wasn’t before. Something pretty darned big, anyway. But nowhere in Bayh-Dole is there any hint that nonprofit technology transfer … Continue reading →

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How Bayh-Dole Is Intended to Work, circa 1992, Part 2

Posted on March 21, 2019 by Gerald Barnett

We are working through a paragraph from a law review article from 1992, taken perhaps out of context, but setting out how Bayh-Dole was “intended” to work. Our problem is not so much with the law professor who wrote the … Continue reading →

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Fantasy depictions of technology transfer

Posted on March 8, 2019 by Gerald Barnett

People play innovation policy with stick drawings. Inventions are depicted as proto-products rather than as broad swaths of potential. According to the stick drawings, patents “protect” inventions from competing uses that would simultaneously discourage private investment in “developing” the inventions … Continue reading →

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Undisclosed subject inventions made in development and commercialization contracts

Posted on September 18, 2018 by Gerald Barnett

A note on subject inventions not disclosed under Bayh-Dole–and a place for auditors to romp and play as auditors are wont to do, if auditors were ever to romp and play with regard to anything consequential in Bayh-Dole. What follows … Continue reading →

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The NIH’s View of Bayh-Dole Compliance, 6

Posted on May 25, 2018 by Gerald Barnett

Research Enterprise has been examining the NIH’s representation of Bayh-Dole. So far we have seen that the NIH persists in citing a 1995 document that gives “guidance” that the Supreme Court in Stanford v Roche (2011) rejected. But the NIH … Continue reading →

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University of California’s Office of the President self-servingly misrepresents Bayh-Dole

Posted on August 21, 2016 by Gerald Barnett

[TL;DR UC gets Bayh-Dole wrong, ignores the Stanford v Roche decision, makes it appear that UC has a right to take title to inventions, when it doesn’t. UC denies inventors their rights to invention under the color of law, a … Continue reading →

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