Tag Archives: patent

Harbridge House on university exclusive licensing, 2

There’s one more thing raised by the Harbridge House report–the metrics on those patent development firms. Patent applications are filed on approximately 10 to 15 percent of the disclosures submitted and, if present circumstances continue, only one-quarter of these patents … Continue reading

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Federal agency patent enforcement: Gilead, 2

Now let’s look at how Bayh-Dole deals with federal agency patent dealings with regard to licensing. 35 USC 207 authorizes patent dealing and 35 USC 209 stipulates the conditions under which exclusive licenses may be granted and the terms and … Continue reading

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Federal agency patent enforcement: Gilead, 1

Set aside for the moment the standing of a contractor or contractor’s assignee for such stuff. Consider a federal agency. Does a federal agency have standing under Bayh-Dole’s extension of patent law–and especially 35 USC 200 and 207–to seek injunctive … Continue reading

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Time for an executive order to bring federal agencies into compliance with Bayh-Dole

Bayh-Dole precludes federal enforcement of federally owned patents. The president should issue an executive order confirming this situation by forbidding federal agencies to enforce patent rights covering federally owned patents. Doing so would remove a huge barrier to public utilization … Continue reading

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Federal agency patent enforcement under Bayh-Dole, 1

This may appear to be an outrageous claim, but it isn’t. Bayh-Dole does not authorize federal agencies to enforce patents held by the federal government. That much is not outrageous because there is nothing in Bayh-Dole that authorizes such enforcement. … Continue reading

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Bayh-Dole precludes enforcement of federal patents

An argument regarding enforcement of federally owned inventions. Bluntly: the federal government lacks the authority to enforce patents, and the federal government should not enforce patents, and federal dealing in patent monopolies does not work. Let’s expand the argument to … Continue reading

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Patents in Space-4

Famiya Masood, a columnist for a Pakistani newspaper, argues in a recent article that government-funded research at universities in Pakistan is not “translating into inventions that can be eventually patented.” Masood seems to believe that this is not a good … Continue reading

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Patents in Space-3

We are working through an article by Famiya Masood published March 11, 2020 in The Nation, a Pakistan newspaper. Masood takes up an important issue–how to make Pakistani research supported by the government more productive for things that people are … Continue reading

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Patents in Space-2

Famiya Masood, a columnist for The Nation, an English-language Pakistani newspaper and law student at Northwestern University, has published an article that argues that Pakistan needs more patents from its government-funded research. Well, perhaps. But she gets Bayh-Dole wrong on … Continue reading

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Patents in Space-1

The Nation, an English-language Pakistani newspaper, published an article on March 11 by Famiya Masood, “Patents in Pakistan” that argues the government must create incentives for university inventors. That much is interesting. But Masood builds her argument using Bayh-Dole as … Continue reading

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