Tag Archives: IPA

Institutional speculation on public health, 1

Folks want to repeal Bayh-Dole–and that would be good–but Bayh-Dole is like a shield and folks still have to get at what motivates corrupt practices under Bayh-Dole. Bayh-Dole does not require corrupt practices–it just creates the conditions that make it … Continue reading

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What Bayh-Dole Does–enabling but not requiring exploitation of patent monopolies

Prior to the NIH Institutional Patent Agreement program, the Kennedy executive branch patent policy required federal agencies to do the following: Allow contractors with real businesses in non-governmental markets to own inventions made under federal contract, except in research directed … Continue reading

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The Purpose of Bayh-Dole: Some History

Bayh-Dole re-establishes a patent monopoly pipeline from federal funding to the pharmaceutical industry. The NIH first created this patent pipeline in 1968 when Norman Latker, patent counsel at the NIH, restarted the Institutional Patent Agreement program that had been allowed … Continue reading

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A sense of proportion–5

One can see, then, where Bayh-Dole comes into play in this meaningless mess. Bayh-Dole was drafted by the same folks who created the IPA system. The IPA system was shut down in 1978 as ineffective and contrary to public policy. … 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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Bayh-Dole Basics, 8: Reasonable Terms Comments-4

We are working through the details of prior treatments of what becomes “reasonable terms” in Bayh-Dole’s definition of “practical application.” This definition in turn becomes the threshold for federal agency march-in under 35 USC 203(a)(1)–the first of the four march-in … Continue reading

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Bayh-Dole Basics, 8: Reasonable Terms Comments-3

We are working through the NIH’s Institutional Patent Agreement master template to establish the context for Bayh-Dole’s use of “reasonable terms” in its definition of practical application, which in turn establishes the march-in threshold for 35 USC 203(a)(1), one of … Continue reading

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Bayh-Dole Basics, 8: Reasonable Terms Comments-2

Now we get to government rights under march in. Here we have complications. In 1968, Norman Latker, NIH’s patent counsel, revived the Institutional Patent Agreement program, under which the NIH (and later the NSF) contracted with nonprofits so that a … Continue reading

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Bayh-Dole is thin soup when it comes to federal innovation policy

NIST wants march-in for Bayh-Dole’s section 203(a)(2) and (3) to be for “national emergencies” only. Section (a)(2) concerns health or safety needs that are not “reasonably satisfied.” Section (a)(3) concerns regulatory requirements that are not “reasonably satisfied.”  But the *price* … Continue reading

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Invention Option Theory and Bayh-Dole Crock Work

At one point, many years ago, I thought Bayh-Dole was totally clever. I was very wrong, but here’s how I thought Bayh-Dole worked. The federal government had a general claim under federal law to own any invention made under federal … Continue reading

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