Tag Archives: standard patent rights clause

Bayh-Dole for university faculty

Let’s put Bayh-Dole plainly for university faculty. Under federal patent law, inventors own their inventions. Federal patent law does not require inventors to use the patent system. Federal patent law does not require inventors to assign their inventions. Bayh-Dole is … Continue reading

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Bayh-Dole applies only to subject inventions

Bayh-Dole applies only to inventions owned by a contractor Bayh-Dole applies only to subject inventions. Supreme Court: the Bayh-Dole Act . . . applies only to “subject inventions”—“inventions of the contractor” Subject inventions are patentable inventions made in work under … Continue reading

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Two ways to turn an invention into a subject invention, 2

The complicated (f)(2) approach Now consider the complicated approach under (f)(2). The university has to somehow compel inventors to assign all inventions to the university, even though (f)(2) requires the university to require inventors to promise to establish the government’s … Continue reading

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The path from Bayh-Dole to inventors

Bayh-Dole is a law of federal contracting for inventions. Let’s work through it, again. 1) Bayh-Dole applies to federal agencies, not to universities. When university administrators say that “Bayh-Dole requires universities to commercialize inventions made with federal funding,” they are twice wrong. First, … Continue reading

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