Tag Archives: IPA

Another garbled account of Bayh-Dole

Posted on July 23, 2018 by Gerald Barnett

A new article considering Bayh-Dole asks whether it’s time to rewrite Bayh-Dole. That’s a legitimate question to ask. Unfortunately, the article gets wrong much about Bayh-Dole the way it is. But even a garbled article can prompt a discussion that helps … Continue reading →

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The “fix” in Bayh-Dole

Posted on July 13, 2018 by Gerald Barnett

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 →

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The AUTM CEOs Speech, Fitt 1

Posted on June 19, 2018 by Gerald Barnett

As part of NIST’s recent symposium on “unleashing American innovation,” the CEO of the Association of University Technology Managers (AUTM) read a talk. Let’s work through his talk and see what we can learn. I have made a transcript so … Continue reading →

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Bayh-Dole Up Your Counsel, 1

Posted on May 15, 2018 by Gerald Barnett

A lawyer staffing service and web site, UpCounsel, has a friendly page that offers “everything you need to know” about the Bayh-Dole Act. They promise you can learn what you need with an “11 min read.” I think it’s something … Continue reading →

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The Faster Cures FAQ on Bayh-Dole, 1

Posted on April 9, 2018 by Gerald Barnett

Faster Cures has at its web site a FAQ on Bayh-Dole. Let’s work through their account of Bayh-Dole and help them where they appear challenged. 1. What is the Bayh-Dole Act? Co-sponsored by Senators Birch Bayh of Indiana and Robert … Continue reading →

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Political bluffing as Bayh-Dole policy advice, 1

Posted on April 5, 2018 by Gerald Barnett

In a once-notorious essay (“Is Business Bluffing Ethical“) Albert Carr, a former presidential advisor, argues that business “bluffing” is ethical because business is based on games, and in games bluffing is perfectly acceptable. Same for politics. If everyone expects everyone … Continue reading →

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The Basic Policy Question Behind Bayh-Dole

Posted on April 4, 2018 by Gerald Barnett

There’s one simple issue: Should the federal government subsidize with public funding for nonprofit research the creation of patent monopolies? There it is. The answer that has dominated for thirty-five years is “Yes.” How comfortable are you with that? Gut-level? … Continue reading →

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The IPA and Wisconsin’s 1969 Patent Policy, Table of Links

Posted on March 10, 2018 by Gerald Barnett

In May 2017 I wrote a series of articles that traced the development of the University of Wisconsin’s patent policy, how the Wisconsin Alumni Research Foundation shaped federal policy to disenfranchise faculty inventors in favor of its own money-making ventures … Continue reading →

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Whistling all the way to the bank, revisited 3

Posted on February 14, 2018 by Gerald Barnett

Having established the contracting problem for government-sponsored “basic research,” let’s get into how the patent administration folks got into changing things around from government ownership to institutional ownership, when the institutions didn’t have policies and practices that swept up inventions … Continue reading →

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Whistling all the way to the bank, revisited 2

Posted on February 13, 2018 by Gerald Barnett

The “Whistling” article struggles with the problem of the standard patent rights clause language about “electing to retain title.” I’ve wondered over this wording for years. It appears to be at the heart of the “cleverly crafted scheme” to intercept … Continue reading →

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