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Tag Archives: NIST
NIST, Bayh-Dole Policy, and Disincentives
I spent the past two weeks working on comments in response to NIST’s proposed new regulations for Bayh-Dole. I ended up with 73 pages of answers to questions and section-by-section comments, and about 60 pages of outtakes. NIST didn’t make … Continue reading
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
Posted in Bayh-Dole, high priced medicines, History, Vannever Bush
Tagged Bayh-Dole, government license, march-in, monopoly pricing, NIST
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Bayh-Dole Government License–5: Impact Beans
We are working through a recent “webinar” on the Bayh-Dole government license to practice and have practiced. In part, the webinar provides the opportunity to set some things right about Bayh-Dole and to resist the machinations of NIST to try … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, exclusive license, government license, NIST
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Another NIST FAQ-up, 2
For the rest of NIST’s FAQ’d-up answer, let’s parse closely. NIST has just repeated the obvious–if an invention has been conceived and reduced to practice prior to federal funding, it is not a subject invention. The question, however, has to … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged Bayh-Dole, disclosure, FAQ, In re King, NIST
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Another NIST FAQ-up, 1
NIST doesn’t understand Bayh-Dole. Let’s take another look at their mind-numbing FAQ. Here’s the question NIST asks: Does an invention need to be reported if it was conceived before an award but reduced to practice as part of the award? This … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, conceive, disclose, FAQ, first actually reduce to practice, NIST, subject invention
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NIST’s Explanation of the Addition of an Assignment Requirement
NIST added an assignment requirement to the standard patent rights clause authorized by Bayh-Dole. There’s no authority in Bayh-Dole, however, for an assignment requirement. The Supreme Court in Stanford v Roche made clear that Bayh-Dole does not vest ownership, does … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, NIST, subject invention
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NIST’s “substantially fueled” premise for unleashing innovation
Here is a claim from the opening of a recent NIST report–1234–on “Unleashing American Innovation,” a “draft green paper”: The U.S. innovation system is substantially fueled by the discoveries and inventions arising from federally funded R&D at the Nation’s universities, … Continue reading
Posted in Innovation, Metrics, Policy
Tagged innovation, NIST, patents, research
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More Impractical Advice About NIST’s Changes to Bayh-Dole’s Regulations
NIST–can’t live with them, but law firms sure can. Here’s another law firm popping off about NIST’s recent revisions to Bayh-Dole’s implementing regulations and standard patent rights clause. Keep in mind that NIST’s chief counsel is already on record not … Continue reading
Posted in Bayh-Dole, Bozonet, Stanford v Roche
Tagged (f)(2), Bayh-Dole, clueless, garble, impractical advice, NIST, present assignment, ridiculous
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AAU, APLU, and others aim to “bolster” federal technology transfer, 7
Frankly, I am weary of working through the HEAs’ nonsense advice to NIST. I expect you are too. Bullshit is so much more difficult to pin down than carefully reasoned discussion. It’s worth respecting carefully reasoned discussion, even if one … Continue reading
AAU, APLU, and others aim to “bolster” federal technology transfer, 4
We are dealing with the bombast that AAU and other “higher education associations” put forward as advice to NIST with regard to how the federal government might better manage its own technology transfer. Instead, the HEAs seek to improve their … Continue reading