Tag Archives: policy

Pensé and Perspectivability-1

Some of you may have noticed that over the years I have grown more critical of the Bayh-Dole Act and especially of the people who prop it up with various forms of bluffery. The law is based on failed policy … Continue reading

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On advocative fakery of Bayh-Dole

Advocates of Bayh-Dole tell a fake history. They say that before Bayh-Dole, the federal government owned all inventions made with federal support. They say that Bayh-Dole gave universities the right to take ownership of inventions made with federal support. They … Continue reading

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Best practices in university invention management, 3

We are working through ipHandbook’s discussion of best practices in university ownership of inventions. After a clear discussion of invention ownership–inventors own their inventions unless they have agreed to assign them or it is equitable to find that circumstances imply … Continue reading

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Best practices in university invention management, 2

We are working through an article in the ipHandbook that argues for “best practices” in university ownership of inventions.  The article spends little time discussing how faculty are employed in their research work, nor the other requirements of university policy … Continue reading

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Best practices in university invention management, 1

Things get complicated that don’t have to be complicated when it comes to university ownership of inventions. Administrators make things complicated, then argue for lots of money to pay for the talent to navigate those complications, and then more money … Continue reading

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Bayh-Dole Basics, 1: public covenant

The Bayh-Dole Act is part of federal patent law. Bayh-Dole establishes a policy (35 USC 200) regarding the use of the patent system for inventions arising in federally supported research or development. This policy establishes the property rights in patents … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 7

The start of this article is here: The IPA and Wisconsin’s 1969 Patent Policy, 1 WARF’s Charter and Antitrust WARF’s charter was designed to prevent the University of Wisconsin from using its money for non-scientific research–social sciences, humanities, and the … Continue reading

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To fix Bayh-Dole on reasonable pricing, why not start by enforcing the law?

I spent some time working through whether Bayh-Dole requires reasonable pricing. The simple answer is “No.” Of course, the simple answer isn’t very helpful, or accurate. Bayh-Dole does not require reasonable pricing by design of those drafting the bill. The … Continue reading

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Bazooka or Squirt Gun?: Working through 35 USC 200

Bayh-Dole gets at monopoly pricing through patent law, not licensing restrictions. Bayh-Dole is a part of federal patent law, not federal procurement regulations. This was a big change from the prior practice, including the Institutional Patent Agreement program. Unlike the … Continue reading

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The beating of Vannevar Bush will continue until productivity improves

Apparently it is popular in science policy to think that Vannevar Bush failed to have insights worth pursuing when it comes to science policy. Dan Sarewitz calls him a liar. Venkatesh Narayahnamurti and Toluwalogo Odumosu blame him for a distinction between … Continue reading

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