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- Bayh-Dole Government License--8: Foreign Licenses
- Bayh-Dole Government License--7: Software
- Follow up: What if a university fails to patent under Bayh-Dole?
- Another question on RE: what to do if a subcontractor has a subject invention?--2
- Bayh-Dole Government License--6: Patenting Costs and Exclusivity
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Tag Archives: government license
Bayh-Dole Government License–7: Software
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
Bayh-Dole Government License–6: Patenting Costs and Exclusivity
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
Posted in Bayh-Dole
Tagged Bayh-Dole, government license, market uncertainty, services
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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
Bayh-Dole Government License–3: Sales and Have Made Paths
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
Bayh-Dole Government License–2: Misrepresenting the Government License
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
Bayh-Dole Government License–1: Practice and Have Practiced
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
Posted in Bayh-Dole, Technology Transfer
Tagged Bayh-Dole, government license, NISTwits
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Bayh-Dole government-wide licenses
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
Posted in Bayh-Dole, high priced drugs
Tagged Bayh-Dole, government license, government-wide license, nonprofit patent rights clause
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The consequences of Bayh-Dole non-disclosure of inventions, 2
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
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, government license
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NIST does not understand the government license in Bayh-Dole
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
“Government” rights in federally supported inventions, 1
Bayh-Dole requires federal agencies to use a patent rights clause that includes a provision under which contractors who obtain ownership of a patentable invention made in the performance of work under a federal funding agreement and elect to retain that … Continue reading
Posted in Bayh-Dole, History, Policy, Stanford v Roche
Tagged Bayh-Dole, government license, inherent government function, patent rights clause, slop
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