Search the RE article base
Contact Information
Twitter
My TweetsUseful Web Sites
Tag Archives: march-in
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
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
Posted in Bayh-Dole
Tagged background rights, Bayh-Dole, march-in, subject invention
Comments Off on Contractor Background Rights and March-in
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
Posted in Bayh-Dole, Policy
Tagged Bayh-Dole, march-in, reasonable terms, reasonably satisfy
Comments Off on Bayh-Dole Basics, 8: Reasonable Terms Comments-8
Bayh-Dole Basics, 8: Reasonable Terms Comments-7
Now let’s look at Bayh-Dole’s treatment of march-in (35 USC 203(a)) and “reasonable terms”: . . . the Federal agency . . . shall have the right . . . to require the contractor . . . to grant a … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged Bayh-Dole, march-in, public health, reasonably satisfied
Comments Off on Bayh-Dole Basics, 8: Reasonable Terms Comments-7
Bayh-Dole Basics, 8: Reasonable Terms Comments-5
We are working through the prior federal regulations in an effort to understand the “reasonable terms” requirement in Bayh-Dole’s 35 USC 203(a)(1) march-in condition. In the Kennedy executive branch patent policy, contractors had two primary routes to retain ownership of … Continue reading
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
Comments Off on Bayh-Dole Basics, 8: Reasonable Terms Comments-2
Bayh-Dole Basics, 8: Reasonable Terms Comments-1
This will be longish. It’s a document of the details. In a world where people spout TL;DR for most any issue of substance, and want a sound bite to gulp instead, this ain’t it. Perhaps we can get all brief … Continue reading
Posted in Bayh-Dole, History
Tagged Bayh-Dole, Kennedy patent policy, march-in
Comments Off on Bayh-Dole Basics, 8: Reasonable Terms Comments-1
Bayh-Dole Basics, 8: Reasonable Terms
Bayh-Dole policy (35 USC 200) that the patent system is to be used “to promote the utilization of inventions arising in federally supported research or development.” That “utilization” is then set forth in the definition of “practical application” (35 USC … Continue reading
Posted in Agreements, Bayh-Dole
Tagged Bayh-Dole, march-in, practical application, reasonable terms
Comments Off on Bayh-Dole Basics, 8: Reasonable Terms
The FPR criteria for invention ownership–2
We are talking the proposed goals for federal policy on the disposition of inventions made in projects worthy of federal support, circa 1973, by way of a Department of Commerce committee report. The report recommended as goals for deciding ownership … Continue reading
The dogs in the manger, 1
In 1979, R. Tenney Johnson, a career federal attorney, testified before the Senate Subcommittee on Science, Technology, and Space on Senate bill S. 1215, the “Science and Technology Research Development Utilization Policy Act.” This was the bill that was competing with … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, exceptional circumstances, inventions, march-in, S. 1215, Schmitt, Tenney Johnson
Comments Off on The dogs in the manger, 1