Tag Archives: public interest

The use of the patent system for federal research results, 4: Forman

Posted on August 1, 2021 by Gerald Barnett

We are looking slowly at FSA order 110-1, the policy that starts the administrative battle over how federal funding ought to affect company opportunities to profit on matters of public health. The FSA, having insisted that research results should be … Continue reading →

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The use of the patent system for federal research results, 3: FSA 110-1 and public interest

Posted on July 31, 2021 by Gerald Barnett

Federal policy on inventions made in federally supported research starts in a big way with Federal Security Agency Order 110-1, dated December 30, 1952. Norman Latker, patent counsel for the NIH, in 1978 testimony before Senator Nelson’s subcommittee, identified Order … Continue reading →

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Senator Nelson on the problem of “public interest” in federal patent policy, 2

Posted on May 29, 2021 by Gerald Barnett

The federal public policy for inventions made in federally funded work then becomes “whatever the contractor that hosts the work chooses to do, so long as the contractor files a patent application.” In Bayh-Dole, there’s no federal review of a … Continue reading →

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Senator Nelson on the problem of “public interest” in federal patent policy, 1

Posted on May 28, 2021 by Gerald Barnett

The “public interest” plays an important role in federal invention policy. In 1963, President Kennedy announced a policy that permitted nonprofit organizations to request to retain title to inventions made in federally funded work, providing that Where the commercial interests … Continue reading →

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You can do anything you want at Bayh-Dole’s restaurant, 2

Posted on April 18, 2020 by Gerald Barnett

We are dealing with the practice reality that under the Bayh-Dole Act: anyone can do pretty much anything they want. Federal agencies can do anything they want, provided they follow Bayh-Dole’s procedures (or work around them). Contractors can do antyhing … Continue reading →

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“Protection” of inventions in Bayh-Dole

Posted on November 12, 2019 by Gerald Barnett

Twitter thread: Federal patent law uses “protect” with respect to inventions only in Bayh-Dole’s strange definition of invention at 35 USC 201(d): “is or may be patentable or otherwise protectable under this title” What does it mean to “protect” an … Continue reading →

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WARF, Vitamin D, and the Public Interest, 2

Posted on October 4, 2018 by Gerald Barnett

We have worked through a 1945 appeals court reasoning about the University of Wisconsin’s president’s refusal to allow the licensing of an invention beneficial to public health for use in food products that might compete with State of Wisconsin dairy … Continue reading →

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Exceptional Circumstances in Bayh-Dole, 10

Posted on September 11, 2018 by Gerald Barnett

We have been circling around the central problem of “exceptional circumstances” in Bayh-Dole. The law works to allow organizations to make decisions about patent monopolies that preempt other statutes–ones that “require a disposition of rights inconsistent” with Bayh-Dole’s arbitrary preemption … Continue reading →

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AAU, APLU, and others aim to “bolster” federal technology transfer, 4

Posted on August 13, 2018 by Gerald Barnett

We are dealing with the bombast that AAU and other “higher education associations” put forward as advice to NIST with regard to how the federal government might better manage its own technology transfer. Instead, the HEAs seek to improve their … Continue reading →

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The IPA and Wisconsin’s 1969 Patent Policy, 10

Posted on May 24, 2017 by Gerald Barnett

This series starts here: The IPA and Wisconsin’s 1969 Patent Policy, 1 Medicinal chemistry drives the whole of federal patent policy The IPA program, revived in 1968 by the NIH following the Harbridge House report, which singled out medicinal chemistry … Continue reading →

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