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Tag Archives: manufactured substantially
If you are against a crappy law like Bayh-Dole
Kevin E. Noonan, a biotech patent attorney, made an interesting assertion in a LinkedIn comment on the fourth article in this series. Maybe he was being flippant, but let’s consider: People against Bayh-Dole just support private industry (much of it … Continue reading
Posted in Bayh-Dole
Tagged 204, Bayh-Dole, exclusive license, manufactured substantially
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The Dole-Bayh Act: Preference for United States Industry
Before there was the Bayh-Dole Act, Senator Dole drafted a version of the law. We are looking at various sections. Today, the Preference for United States Industry. In Bayh-Dole, this is 35 USC 204. But in Dole-Bayh, it is Section … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, manufactured substantially, preference, United States industry
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Defense Contracting, Bayh-Dole Fantasies, and Workarounds–3
We have been working through a DoD guide for contracting officers in navigating IP rights–Bayh-Dole and data rights. The data rights are a whole nother saga, so we are leaving them alone for now. Here in summary form are the … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, manufactured substantially, march-in, trade secret
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Illusions of Bayh-Dole: “manufactured substantially” 5
Bayh-Dole’s statement of policy at 35 USC 200 includes a provision calling for the use of the patent system “to promote the commercialization and public availability of inventions made in the United States by United States industry and labor.” Folks … Continue reading
Posted in Bayh-Dole
Tagged 35 USC 207, 37 CFR 404.5, gesture, invention, manufactured substantially, sad strange law
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Five easy ways to circumvent Bayh-Dole’s “manufactured substantially” requirement
Bayh-Dole makes American manufacture of product based on subject inventions the centerpiece of the law. Bayh-Dole’s statement of policy and objective calls out promotion of inventions “made in the United States by United States industry and labor” (35 USC 200). … Continue reading
Posted in Bayh-Dole
Tagged 204, assignment, Bayh-Dole, exclusive license, manufactured substantially, sole license
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Illusions of Bayh-Dole: “manufactured substantially” 4
Previous articles in the series are here, here, and here. The series continues here and here. There’s a simple point to make about Bayh-Dole’s section 204 requirement that exclusive licenses to use or sell products based on a subject invention … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged 204, Bayh-Dole, clown, manufactured substantially, rabbit hole
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AUTM’s invitation to delude yourself, 3
To show how clueless the universities have been about Bayh-Dole–look at this finding from the GAO’s 1998 report on university administration of Bayh-Dole inventions: The policies varied among the universities in connection with how they determined whether the invention was … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged AUTM, GAO, manufactured substantially, small business, subject invention
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Illusions of Bayh-Dole: “manufactured substantially” 3
The start of this article is here. The fourth installment is here. [Bayh-Dole’s section 204 (35 USC 204) permits federal agencies to waive the requirement that exclusive licenses to use or sell in the United States must require product sourced … Continue reading
Posted in Bayh-Dole
Tagged 35 USC 204, Bayh-Dole, manufactured substantially, similar terms, waiver
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Illusions of Bayh-Dole: “manufactured substantially” 2
The start of this article is here. We are taking apart section 204 of the Bayh-Dole Act, the “Preference for United States manufacturing” that ends up being almost useless for its purpose. But to get there, we have to go … Continue reading
Posted in Bayh-Dole
Tagged 204, Bayh-Dole, manufactured substantially
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Illusions of Bayh-Dole: “manufactured substantially” 1
Let me show you how empty the Bayh-Dole provision on “Preference for United States Industry” (35 USC 204) is. According to its terms, this provision is the single most important piece of federal patent policy. For convenience, here’s the provision: … Continue reading