Tag Archives: NIH

What the NIH says about Bayh-Dole, 3

Now we arrive at the source of the NIH’s conflation in its most recent “background” misrepresentation of Bayh-Dole. We are deep into the federally owned invention side of Bayh-Dole, section 209(a), in a list of the requirements that must be … Continue reading

Posted in Bayh-Dole, Commons | Tagged , , | Comments Off on What the NIH says about Bayh-Dole, 3

What the NIH says about Bayh-Dole, 2

We are working through the NIH’s most recent misrepresentation of the Bayh-Dole Act. In the first part of this effort, we looked at the NIH’s bungling of the basic premise of Bayh-Dole and the concept of practical application. Bayh-Dole’s first … Continue reading

Posted in Bayh-Dole, Commons, Open Source | Tagged , , , , | Comments Off on What the NIH says about Bayh-Dole, 2

What the NIH says about Bayh-Dole, 1

The NIH has published comments on the NIST changes to the regulations that implement the Bayh-Dole Act and the standard patent rights clause. Jamie Love at Knowledge Ecology International┬ácalls out in a tweet a passage in the “Background” section in … Continue reading

Posted in Bayh-Dole, Open Source, Policy | Tagged , , , , | Comments Off on What the NIH says about Bayh-Dole, 1

Bayh-Dole preempts NIH policy on improper financial gain

Here’s a passage from the NIH Grants Policy Statement (Part I, Chapter 4): NIH grants are subject to requirements intended to ensure that recipient organizations handle their Federal awards responsibly. Recipients are required to adopt and enforce policies that minimize … Continue reading

Posted in Bayh-Dole, Policy | Tagged , , , | Comments Off on Bayh-Dole preempts NIH policy on improper financial gain

Exceptional Circumstances in Bayh-Dole, 6

You may think it’s mean of me to pick on Dr. Thomas for a talk that’s a decade old, and presented before the Stanford v Roche case was decided. If so, then you might want to consider the Public Health … Continue reading

Posted in Bayh-Dole | Tagged , , , | Comments Off on Exceptional Circumstances in Bayh-Dole, 6

Exceptional Circumstances in Bayh-Dole, 2

Here’s the slide from Dr. Thomas that starts our descent into darkness. Part of the slide contents is accurate. Part is slipped. Let’s take up the slipped. First, Bayh-Dole does not say the federal government “retains patent rights” when the … Continue reading

Posted in Bayh-Dole, Technology Transfer | Tagged , , , | Comments Off on Exceptional Circumstances in Bayh-Dole, 2

Exceptional Circumstances in Bayh-Dole, 1

In 2008, Dr. Jeffrey W. Thomas, then a senior advisor to the Technology Transfer Center at the National Cancer Institute, gave a talk on Bayh-Dole’s exceptional circumstances. The slide deck is still up at a federal laboratory consortium web site. … Continue reading

Posted in Bayh-Dole | Tagged , , , | Comments Off on Exceptional Circumstances in Bayh-Dole, 1

The NIH’s View of Bayh-Dole Compliance, 8

We are working through the NIH’s policy manual on Bayh-Dole. We reach a helpful list. Some of the steps required by the regulation to retain intellectual property rights to subject inventions include: Report all subject inventions to NIH. Make efforts … Continue reading

Posted in Bayh-Dole | Tagged , , , | Comments Off on The NIH’s View of Bayh-Dole Compliance, 8

The NIH’s View of Bayh-Dole Compliance, 7

We have come full circle through NIH’s garbled version of Bayh-Dole, having been referred by the NIH’s SBIR guidance back to the NIH’s policy manual regarblization of Bayh-Dole in section 8.2.4. Section 8.2 has a bunch of data and research … Continue reading

Posted in Bayh-Dole | Tagged , , | Comments Off on The NIH’s View of Bayh-Dole Compliance, 7

The NIH’s View of Bayh-Dole Compliance, 6

Research Enterprise has been examining the NIH’s representation of Bayh-Dole. So far we have seen that the NIH persists in citing a 1995 document that gives “guidance” that the Supreme Court in Stanford v Roche (2011) rejected. But the NIH … Continue reading

Posted in Bayh-Dole | Tagged , , , , | Comments Off on The NIH’s View of Bayh-Dole Compliance, 6