Tag Archives: patent rights clause

Best practices in university invention management, 5

More fun examples from the ipHandbook to demonstrate, ahem, best practices in university ownership of inventions. The visiting scientist. Professor from another university visits and invents. He is compensated through funds from Professor Z’s federal contract. That is, if he … Continue reading

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The mistaken assumptions of Bayh-Dole, 2

We are working with an article by Sean O’Connor to get at an underlying problem with discussion of Bayh-Dole. O’Connor, a law professor, appears to be working diligently to find a way to “fix” Bayh-Dole so that universities end up … Continue reading

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The mistaken assumptions of Bayh-Dole, 1

I know this article by Sean O’Connor on the mistaken assumption in Bayh-Dole is six years old and I have discussed this issue previously, but since it is out there on the web, and as far as I know it hasn’t … Continue reading

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What has NIST done, actually?-1

NIST has made an attempt to turn Bayh-Dole into a vesting statute. From all appearances, that is what a casual reader would think has happened with NIST’s new subject invention assignment language. With help from inept (if not complicit) university … Continue reading

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NIST’s Chief Counsel on Bayh-Dole, 5

Unlike the other various fakographics and misguidances and misrepresentations of Bayh-Dole that we have reviewed, this slide deck by NIST’s chief counsel is distinctive, since NIST has primary responsibility for Bayh-Dole’s implementation and patent rights clauses. Thus, a failure to … Continue reading

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NIST’s Chief Counsel on Bayh-Dole, 4

One last slide from NIST’s chief counsel’s talk from 2013. Much to discuss. How to unwind this assertion? The Bayh-Dole Act requires federal agencies to use an arbitrary default patent rights clause. In the absence of Bayh-Dole, executive branch patent … Continue reading

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NIST’s Chief Counsel on Bayh-Dole, 3

NIST’s chief counsel gives, let us say, a unhelpful representation of the law. Let’s continue with his second slide titled “Bayh-Dole Highlights.” The government does not “retain” a license. The government is entitled to receive that license. The law uses … Continue reading

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NIST’s Chief Counsel on Bayh-Dole, 2

As further evidence that NIST’s chief counsel does not properly describe Bayh-Dole, consider this point in his first slide of Bayh-Dole “highlights”: This point is accurate only in an obscure technical sense. Bayh-Dole does not preclude a contractor, having obtained … Continue reading

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NIST’s Chief Counsel on Bayh-Dole, 1

In 2011, the Supreme Court provided a clear interpretation of the Bayh-Dole Act in Stanford v Roche. Bayh-Dole applies only to subject inventions. A subject invention is a patentable invention made in work funded by the federal government and owned … Continue reading

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Guide to Bayh-Dole by the Layers, 5

Fifth Layer: practice On to the next layer of Bayh-Dole, actual practice. We will restrict our discussion here to university practice, but things are much the same for other nonprofits. Small business practice has its own peculiarities, including the oddness … Continue reading

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