Tag Archives: policy

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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Abstraction as an Obfuscating Drafting Technique in University Patent Policies

The Arizona Board of Regents intellectual property policy fails to state, simply, that the Board expects to own patentable inventions made by employees who have agreed to assign their inventions to the Board. Instead, the Board policy fusses around with … Continue reading

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When to disclose inventions? Part I. Arizona State

Here is a basic question: When should university-based inventors disclose their inventions to the university administration? This is a remarkably difficult question. Is it when the invention is “made”? If so, what does it mean to “make” an invention? What … Continue reading

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The University of Michigan Mess of an Old Patent Policy, Part IV

In a series of three articles (here, here, and here), I showed how the University of Michigan intellectual property policy apparatus managed–or didn’t manage–patents and copyrights. One problem is Regents Bylaw 3.10. The Bylaw sets out conditions under which it is … Continue reading

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Five Motivators of University Patent Policy Madness

University patent policies are not what they seem, and are shaped by the exploitation of ideas that have nothing to do with inventiveness, creativity, entrepreneurship, public use, commercial development, investment, economic vitality, public welfare, or even university mission. All these … Continue reading

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Moose Turd Pie, and No Good

The Economist ran a cover story last week on “how science goes wrong”: An argument of the piece is that journals like splashy claims but don’t have room for studies that announce validation of prior reports. The article goes on … Continue reading

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