Tag Archives: invention

Does a university own software written by students?

I just posted to Quora in response to If I study at a university and I create software in my own time, does the university own the licensing to my software? There’s no good general answer, since things vary by … Continue reading

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A WIPO Economist Gets Bayh-Dole Wrong

Here’s an article by Mario Cervantes, an economist at OECD, “Academic Patenting: How universities and public research organizations are using their intellectual property to boost research and spur innovation start-ups.” Cervantes claims that universities “protecting their inventions” somehow increases their … Continue reading

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Working through an old misrepresentation of Bayh-Dole, 3

I have previously pointed out the University of Rochester’s strange policy statement with regard to commercialization. This is part of Rochester’s new and stinky. A statement currently pops up on the Rochester site that it will be down for a … Continue reading

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War and Publification of Medicine Development, 1

In 1944, President Roosevelt asked Vannevar Bush to respond to four questions (or, perhaps it was Vannevar Bush who arranged for President Roosevelt to ask him four questions). These questions formed the foundation for his report Science the Endless Frontier. … Continue reading

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A sense of proportion–4

To lay it out in bullet points, the now dominant university patent-based approach to research inventions defaulting to exclusive licenses: fragments invention platforms with no way to restore them attracts speculative investors while pushing away companies raises barriers to early … Continue reading

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A sense of proportion–3

Prior to federal funding becoming the dominant source of university research funding, most universities operated their invention policies with a review committee that made recommendations to the university president with regard to particular inventions. The volume of invention reporting was … Continue reading

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A sense of proportion–2

University administrators have engaged in a thirty-year effort of research invention management that creates patent gridlock for what amounts to a tiny bit of the overall inventive activity in the country. That’s the black border area on this nice blue … Continue reading

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“Protection” of inventions in Bayh-Dole

Twitter thread: Federal patent law uses “protect” with respect to inventions only in Bayh-Dole’s strange definition of invention at 35 USC 201(d): “is or may be patentable or otherwise protectable under this title” What does it mean to “protect” an … Continue reading

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Another question on RE: When does Bayh-Dole not apply?–4

Now that you have a better idea about Bayh-Dole and have done some thinking about why someone might want it Bayh-Dole to apply and others might not want it to apply, let’s work the definition of invention (at 35 USC … Continue reading

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Another question on RE: When does Bayh-Dole not apply?–3

Back for more of when Bayh-Dole does not apply, I see. Well, let’s get serious about this. Let’s look at the Bayh-Dole definitional cascade for subject invention. We worked through “invention”–strange, broad, both patentable and not demonstrably not patentable, except … Continue reading

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