Tag Archives: government license

Bayh-Dole Government License–9: Recommendations

Posted on March 31, 2020 by Gerald Barnett

Our webinar ends with “Recommendations” for licensing agreements. Given what we have worked through, we are in a good position to assess the strength of these recommendations. Here’s the first recommendation: It’s implied, but never stated, that rights the licensor … Continue reading →

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Bayh-Dole Government License–7: Software

Posted on March 29, 2020 by Gerald Barnett

The webinar then turns to government license in the context of software. Here things get confused again. Bayh-Dole states as policy–not merely rationale–that the patent system is to be used to promote the utilization of inventions arising from federally supported … Continue reading →

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Bayh-Dole Government License–6: Patenting Costs and Exclusivity

Posted on March 28, 2020 by Gerald Barnett

We are still following a webinar panel discussion of the government license to practice and have practiced in Bayh-Dole. The discussion gives us an opportunity to see the gulf between Bayh-Dole’s policy and objectives, and the scope of its government … Continue reading →

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Bayh-Dole Government License–5: Impact Beans

Posted on March 27, 2020 by Gerald Barnett

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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Bayh-Dole Government License–3: Sales and Have Made Paths

Posted on March 25, 2020 by Gerald Barnett

We are working through a recent webinar discussion of Bayh-Dole’s government license. First we reviewed the government license–it is “to practice and have practiced.” “Practice” has a long history of meaning “make, use, and sell” in the policy statements from … Continue reading →

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Bayh-Dole Government License–2: Misrepresenting the Government License

Posted on March 24, 2020 by Gerald Barnett

We have been through the Bayh-Dole government license at 35 USC 202(c)(4) and have reviewed its sources in executive branch patent policy from 1963 to 1975. Bayh-Dole was drafted in 1978-79, so the connection to the definitions and usage in … Continue reading →

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Bayh-Dole Government License–1: Practice or Have Practiced

Posted on March 23, 2020 by Gerald Barnett

NIST published a Green Paper that evidences its confusion with various aspects of Bayh-Dole. One of these areas of confusion involves the government license that Bayh-Dole requires in all federal research contracts, and in particular in the standard patent rights … Continue reading →

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Bayh-Dole government-wide licenses

Posted on January 3, 2020 by Gerald Barnett

In a Twitter thread in which Jennifer Gunter argues that “Americans should not be bankrolling the pharmaceutical industry,” Steven Martin tweets Let’s work this through. There is no need to revise Bayh-Dole for state and municipal governments to authorize the … Continue reading →

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The consequences of Bayh-Dole non-disclosure of inventions, 2

Posted on October 22, 2019 by Gerald Barnett

We are looking at the consequences of a contractor not disclosing a subject invention to the federal agency that funded work in which the invention was made. One consequence is that the federal agency “may receive title” to such an … Continue reading →

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NIST does not understand the government license in Bayh-Dole

Posted on December 18, 2018 by Gerald Barnett

NIST has issued a draft green paper that consolidates all the fake history, pseudo data as fact, misrepresentations of Bayh-Dole, and misconceived proposals all in one convenient place. I can’t hope to catch everything, but let’s take a look at … Continue reading →

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