Tag Archives: march-in

Unenforced, Bayh-Dole enables a federal offer to look the other way on price-gouging

The government’s failure to use its government license to practice and have practiced (=make, use, and sell) puts undue pressure on march-in to address nonuse and unreasonable use of inventions arising in work receiving federal support. NIST wants to gut … Continue reading

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proto Bayh-Dole march-in, c. 1976

Bayh-Dole was the banana that finally stuck on wall, but Norman Latker had tried any number of schemes to circumvent federal policy requiring default open access to the inventions arising in work for which the federal government provided funding. People … Continue reading

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Reflections on Shill Reflections on Bayh-Dole, 7: Grubbers, innovation, and march-in

Reflections on Bayh-Dole by “industry leaders”–who are, apparently, mostly shills out shilling for (and to) the pharmaceutical industry. Good shilling earns shillings, so it is a viable career choice. We use these shills reflecting on Bayh-Dole to also reflect on … Continue reading

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The Wall Street Journal publishes an editorial against using Bayh-Dole march-in for remdesivir

Sally Pipes has published an op/ed piece at the Wall Street Journal on Bayh-Dole and Gilead, “The Remdesivir Patent Isn’t State Property.” There is so much going on with Pipes’s work. We should take a closer look. First, the title … Continue reading

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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

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Bayh-Dole Nutshell 1: Use it or lose it

If you don’t achieve practical application in a reasonable time, you lose the right to enforce your patent.  Bayh-Dole’s fundamental policy is that the patent system must be used to promote the utilization of inventions arising from federally supported research … Continue reading

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Four things not to know about Bayh-Dole

PhRMA, a pharma front group, published a discussion of Bayh-Dole, “IP Explained: Four things to know about the Bayh-Dole Act.” Short form. This is nonsense. I’ll show you briefly. Thanks in large part to strong intellectual property protections – including … Continue reading

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IP Watchdog Misses the Mark on March-In Rights

IPWatchdog, a blog site, published on April 22, 2020 an article by Joseph Allen arguing that the Washington Post got Bayh-Dole’s march-in provision all wrong. But Allen has got it wrong. Let’s be clear, then, about Bayh-Dole and march-in. Even … Continue reading

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International Response to Bayh-Dole

You may have heard that Bayh-Dole is the most perfect law to stimulate technological innovation and translate publicly supported research into public benefit by passing inventions through the hands of speculative investors to be made into commercial products, using patents … Continue reading

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An invention is not a thing, 10: Broad patent rights and licensing practices

We have worked through the idea of invention holes–that an invention generally consists of instances, and instances may be evaluated as “easy”–meaning they can be used immediately with little expense–and “difficult”–meaning they require substantial effort to move from reduction to … Continue reading

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