Tag Archives: (k)(1)

“the same provisions as the contractor” in (k)(1)

Here’s a follow-up note on the nonprofit assignment restriction in 37 CFR 401.14(k)(1). With the NIST changes in the standard patent rights clauses, we might ask again about the interpretation of “such assignee shall be subject to the same provisions … Continue reading

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Nonprofit assignment of subject inventions in the standard patent rights clause 37 CFR 401.14(a)(k)(1)

Universities ubiquitously claim as a matter of formal policy to handle patentable inventions in the public interest. That expectation forms a basis for the federal government to award grants–subvention funding, grants-in-aid–for faculty-proposed research hosted by these universities. That’s also the … Continue reading

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Exclusive License and Assignment

I have discussed in a number of articles the issue of exclusive license and assignment for inventions. The distinction matters under Bayh-Dole because Bayh-Dole’s standard patent rights clause (37 CFR 401.14(a)(k)(1)) forbids nonprofit contractors from assigning subject inventions other than to … Continue reading

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