Tag Archives: NIH

“Promote” in Bayh-Dole, 4

In arguing in Public Citizen v NIH that secret exclusive deals were the only way the NIH could fulfill its public mission–or at least the mission of its patent licensing office–the NIH produced some interesting metrics. In 2000, the NIH … Continue reading

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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

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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

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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

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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

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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

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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

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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

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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

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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

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