Tag Archives: patent rights clause

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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Guide to Bayh-Dole by the Layers, 4

Fourth layer: Funding agreements We have looked at Bayh-Dole the statute, the implementing regulations, and the standard patent rights clauses. These are all apparatus that are disconnected from contractors and inventors–just laws and regulations and templates. The apparatus gets connected … Continue reading

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Guide to Bayh-Dole by the Layers, 3

[The default patent rights clause authorized by Bayh-Dole is the inventor patent rights clause at 37 CFR 401.9, a subset of 37 CFR 401.14. The default is enabled when contractors comply with 37 CFR 401.14(f)(2)–except they never do. Under the … Continue reading

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The Faster Cures FAQ on Bayh-Dole, 3

We are working through the Faster Cures FAQ on Bayh-Dole. 4. What requirements does Bayh-Dole place on universities? None. Bayh-Dole applies to federal agencies, not to universities. It’s only loose chatter to say that Bayh-Dole requires universities to do anything. … Continue reading

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The Faster Cures FAQ on Bayh-Dole, 1

Faster Cures has at its web site a FAQ on Bayh-Dole. Let’s work through their account of Bayh-Dole and help them where they appear challenged. 1. What is the Bayh-Dole Act? Co-sponsored by Senators Birch Bayh of Indiana and Robert … Continue reading

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Subject invention reporting and federal funding agreements

It would be interesting to see an audit of university invention reporting practices, especially in light of the definition of “funding agreement” and what it means for an invention to be made “in the performance of work under a funding … Continue reading

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Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 3

The first part of this article is here. The exclusive license that UCLA granted to Medivation meets the requirements for an assignment of the subject invention. The license grants substantially all rights in the subject invention (to all compounds for … Continue reading

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Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 2

The first part of this article is here. To explore these issues, let’s take a look at Xtandi, a prostate cancer drug that has received press recently in the debate over high drug prices. Xtandi sells in the U.S. for … Continue reading

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The Key Provisions of Bayh-Dole

Now, with all that fusstation from the University of Pittsburgh out of the way, we might ask then what are the “key provisions” of Bayh-Dole that a university should make faculty and the public aware of. Only One Key Provision … Continue reading

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Not fixing a hole in Bayh-Dole

Bayh-Dole does not disturb federal common law with regard to inventions. Inventors supported by federal research funds own their inventions. The Supreme Court made this clear in Stanford v Roche. Bayh-Dole applies to subject inventions only. Subject inventions are patentable inventions … Continue reading

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