Tag Archives: invention

In re King, 1

President Truman’s Executive Order 10096  in 1950 established the rules under which the executive branch should claim rights to inventions made by federal employees. The implementing regulations for Executive Order 10096 give guidance with regard to the definition of “made.” Here’s … Continue reading

Posted in Bayh-Dole | Tagged , , , , , , , | Leave a comment

Illusions of Bayh-Dole: “manufactured substantially” 5

Bayh-Dole’s statement of policy at 35 USC 200 includes a provision calling for the use of the patent system “to promote the commercialization and public availability of inventions made in the United States by United States industry and labor.” Folks … Continue reading

Posted in Bayh-Dole | Tagged , , , , , | Comments Off on Illusions of Bayh-Dole: “manufactured substantially” 5

28,000 federal patents and the monopoly meme went into a bar, 2

Howard Forman’s 1976 testimony is where the 28,000 patents meme enters what will become the Bayh-Dole rhetoric. Senator Bayh uses Forman’s meme when he introduces S. 414 in 1979: When the Government decides to retain patent rights on these inventions … Continue reading

Posted in Bayh-Dole, History | Tagged , , , | Comments Off on 28,000 federal patents and the monopoly meme went into a bar, 2

28,000 federal patents and the monopoly meme went into a bar, 1

Here’s an important–perhaps the pivotal–instance of the monopoly meme in the history of what will become the Bayh-Dole Act. Synopsis. Howard Forman introduces the meme of 28,000 unused federal patents in his legislative testimony in 1976. Senator Bayh repeats the … Continue reading

Posted in Bayh-Dole | Tagged , , , , , , | Comments Off on 28,000 federal patents and the monopoly meme went into a bar, 1

Invention, subject invention, and the clever scheme of Bayh-Dole

Here is the definition of invention in the Kennedy executive branch patent policy, 1963 (Section 4(b)): Invention or Invention or discovery–includes any art, machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety … Continue reading

Posted in Bayh-Dole, Sponsored Research, Stanford v Roche | Tagged , , , , | Comments Off on Invention, subject invention, and the clever scheme of Bayh-Dole

Two Published Accounts of University Licensing: WARF and Stanford

Universities generally keep secret their licensing metrics. Yes, they report the number of inventions, patents, licenses, and startups in a given year–but they don’t report how those numbers relate to one another. The inventions reported in a given year have … Continue reading

Posted in Metrics | Tagged , , , , , | Comments Off on Two Published Accounts of University Licensing: WARF and Stanford

If state university patent policy is actually state law . . .

Over the course of a number of years, Professor Galen Suppes was involved in litigation with the University of Missouri over rights to inventions. Among other things, the University claimed ownership of inventions that Suppes made at another institution before … Continue reading

Posted in Freedom, IP, Litigation, Policy | Tagged , , , , , | Comments Off on If state university patent policy is actually state law . . .

Only Bayh-Dole and University Research Enterprise, 2

We have worked through the claim that Bayh-Dole created a “uniform” federal policy with regard to inventions made in federally supported research or development. Bayh-Dole creates an arbitrary default for federal policy that applies only when a contractor acquires ownership … Continue reading

Posted in Bayh-Dole, History | Tagged , , , | Comments Off on Only Bayh-Dole and University Research Enterprise, 2

The “fix” in Bayh-Dole

People worry at times that there is a “gap” or “flaw” in Bayh-Dole. They see the problem to be that Bayh-Dole doesn’t out and decree that all inventions made with federal support are owned (or to be owned) by the … Continue reading

Posted in Bayh-Dole | Tagged , , , , | Comments Off on The “fix” in Bayh-Dole

The AUTM CEO’s Speech, Fitt 4

We are about done with the AUTM CEO’s speech at the NIST symposium on “unleasing American innovation.” Yes, it is trash, so we are trashing it. But there’s a purpose here. It’s not just that there is a difference of … Continue reading

Posted in Bayh-Dole, Bozonet | Tagged , , , , | Comments Off on The AUTM CEO’s Speech, Fitt 4