Tag Archives: practical application

An invention is not a thing, 9

The public policy idea around Bayh-Dole march-in would appear to be straightforward. It was so in the Kennedy patent policy: make the benefits of using an invention accessible to the public in three years from the date of a patent … Continue reading

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An invention is not a thing, 6

An invention is a collection of things, a set, a door of opportunity and whatever an inventor and others see through that door. A patent is an inventor’s claim to exclusivity in what the inventor, perhaps with help from others, … Continue reading

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Bayh-Dole Basics, 8: Reasonable Terms

Bayh-Dole policy (35 USC 200) that the patent system is to be used “to promote the utilization of inventions arising in federally supported research or development.” That “utilization” is then set forth in the definition of “practical application” (35 USC … Continue reading

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Bayh-Dole Basics, 7: Disclosure comments, 1

This will be longish. For the brief of heart, here’s a synopsis. Invention disclosure is the heart of Bayh-Dole standard patent rights compliance. Disclosure is not reporting that an invention exists. Disclosure means providing, for an invention owned by a … Continue reading

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Utilization and commercialization in Bayh-Dole

Bayh-Dole’s stated policy and objective is utilization of inventions arising in federally supported research or development–not specifically commercialization: . . . use the patent system to promote the utilization of inventions arising from federally supported research or development . . … 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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Guide to Bayh-Dole by the Layers, 7

Eighth layer: Outcomes We reach the eighth and final layer of Bayh-Dole: outcomes. We can consider four elements of outcomes: activity, cost, practical application, and the effects of patent monopoly exclusion on research, rapid industry and professional uptake of research … Continue reading

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