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Tag Archives: public interest
You can do anything you want at Bayh-Dole’s restaurant, 2
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
Posted in Bayh-Dole
Tagged Bayh-Dole, patent rights clause, public interest
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“Protection” of inventions in Bayh-Dole
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
Posted in Bayh-Dole, Policy
Tagged Bayh-Dole, invention, public interest, speculation
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WARF, Vitamin D, and the Public Interest, 2
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
Posted in Bayh-Dole, Commons, History, Policy
Tagged 35 USC 200, 35 USC 202, Bayh-Dole, Canned Water 4 Kids, IPA, monopoly meme, public interest
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Exceptional Circumstances in Bayh-Dole, 10
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
Posted in Bayh-Dole
Tagged Bayh-Dole, exceptional circumstances, policy and objective, preemption, public interest
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AAU, APLU, and others aim to “bolster” federal technology transfer, 4
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
The IPA and Wisconsin’s 1969 Patent Policy, 10
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
Posted in Bad Science, History, Policy, Sponsored Research
Tagged 5-FU, Bayh-Dole, capital, commons, PHS, public interest, WARF
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