Tag Archives: march-in

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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Another question on RE: Can Bayh-Dole void an exclusive license?

Can Bayh-Dole void an exclusive license? Let’s unravel this one. A rewrite– Question: Can a federal agency void an exclusive license under Bayh-Dole’s standard patent rights clause? Answer: Yes. Now some text. The exclusive license voiding has more to it … Continue reading

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The Arizona Commerce Authority Guidance on Bayh-Dole, 4

We are dealing with Arizona Commerce Authority advice about Bayh-Dole and IP rights. Almost done. Or fed up. Or bored with such nonsense. But first, march-in. Then general gestures about IP. The government’s march-in rights are one of the most … Continue reading

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Contractor Background Rights and March-in

Bayh-Dole’s march-in provisions (35 USC 203) are worthless. They were designed to be worthless, except for creating a show of public oversight and intervention that allowed Bayh-Dole to get through Congress and be signed into law. Bremer bragged about how … Continue reading

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Bayh-Dole Basics, 8: Reasonable Terms Comments-8

In Bayh-Dole the march-in for health or safety needs is drafted to prevent the government from breaking up private patent monopolies on supported inventions merely because there are health or safety needs. The default public policy in Bayh-Dole is that … Continue reading

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