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Tag Archives: IPA
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
Posted in Uncategorized
Tagged Bayh-Dole, development, exclusive license, IPA, Latker, march-in, master agreement
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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
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
Posted in Agreements, Bayh-Dole, History
Tagged Bayh-Dole, blueberries, crock, elect, IPA, option
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WARF, Vitamin D, and the Public Interest, 2
We have worked through a 1945 appeals court reasoning about the University of Wisconsin’s president’s refusal to allow the licensing of an invention beneficial to public health for use in food products that might compete with State of Wisconsin dairy … Continue reading
Posted in Bayh-Dole, Commons, History, Policy
Tagged 35 USC 200, 35 USC 202, Bayh-Dole, Canned Water 4 Kids, IPA, monopoly meme, public interest
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The monopoly meme, 3
We are working through Howard Bremer’s testimony before a Senate subcommittee with regard to a bill remarkably like what would become Bayh-Dole. The point is to explore how the monopoly meme works in practice. Bremer gives nine principles that ought … Continue reading
Only Bayh-Dole and University Research Enterprise, 1
Let’s talk only Bayh-Dole and university research. Companies didn’t need Bayh-Dole for the most part, since executive branch patent policy allowed federal agencies to permit company contractors to keep inventions made under federal contracts when they acquired those inventions. There … Continue reading
Posted in Bayh-Dole, Sponsored Research
Tagged arbitrary, Bayh-Dole, IPA
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Another garbled account of Bayh-Dole
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
Posted in Bayh-Dole
Tagged Bayh-Dole, fake history, garble, IPA
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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
The AUTM CEOs Speech, Fitt 1
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
Bayh-Dole Up Your Counsel, 1
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