Tag Archives: Stanford v Roche

The NIH’s View of Bayh-Dole Compliance, 4

Here’s the NIH offering an overview of Bayh-Dole for its SBIR and STTR programs. Much of the “information” here appears to be drawn from an NIH Q&A document from 1995. That document, “A ’20-20′ View of Invention Reporting to the … Continue reading

Posted in Bayh-Dole | Tagged , , , | Comments Off on The NIH’s View of Bayh-Dole Compliance, 4

NIST smokes Stanford v Roche, 2

Let’s get simple about the NIST rule change on assignment of subject inventions. This requires logic. I’m sorry about that. I know it’s not the Bayh-Dole way. Supreme Court: Bayh-Dole applies only to subject inventions. A subject invention is an … Continue reading

Posted in Bayh-Dole, Stanford v Roche | Tagged , , , , , | Comments Off on NIST smokes Stanford v Roche, 2

The mistaken assumptions of Bayh-Dole, 2

We are working with an article by Sean O’Connor to get at an underlying problem with discussion of Bayh-Dole. O’Connor, a law professor, appears to be working diligently to find a way to “fix” Bayh-Dole so that universities end up … Continue reading

Posted in Bayh-Dole | Tagged , , , , , , , | Comments Off on The mistaken assumptions of Bayh-Dole, 2

NIST smokes Stanford v Roche

I don’t know what NIST folks were thinking (fortunately). But here’s what may have happened. They may have in fact read Stanford v Roche, but that clearly has not helped them. They are still clueless. Supreme Court: Bayh-Dole applies only … Continue reading

Posted in Bayh-Dole, Stanford v Roche | Tagged , , , | Comments Off on NIST smokes Stanford v Roche

What has NIST done, actually?-2

Let’s work through what NIST has done with its new rule on assignment of subject inventions by written agreement. The Supreme Court in Stanford v Roche (2011) ruled that Bayh-Dole’s contracting provisions apply only to subject inventions, and that subject inventions … Continue reading

Posted in Bayh-Dole | Tagged , , , , , , | Comments Off on What has NIST done, actually?-2

What has NIST done, actually?-1

NIST has made an attempt to turn Bayh-Dole into a vesting statute. From all appearances, that is what a casual reader would think has happened with NIST’s new subject invention assignment language. With help from inept (if not complicit) university … Continue reading

Posted in Bayh-Dole | Tagged , , , , , , | Comments Off on What has NIST done, actually?-1

NIST’s Chief Counsel on Bayh-Dole, 1

In 2011, the Supreme Court provided a clear interpretation of the Bayh-Dole Act in Stanford v Roche. Bayh-Dole applies only to subject inventions. A subject invention is a patentable invention made in work funded by the federal government and owned … Continue reading

Posted in Bayh-Dole | Tagged , , , , , , | Comments Off on NIST’s Chief Counsel on Bayh-Dole, 1

The Faster Cures FAQ on Bayh-Dole, 2

We are working through the Faster Cures FAQ on Bayh-Dole. 2. What does Bayh-Dole say about the ownership of inventions and technologies? Pursuant to Bayh-Dole, universities and other nonprofit organizations that receive federal funding, may “elect to retain title to … Continue reading

Posted in Bayh-Dole | Tagged , , , | Comments Off on The Faster Cures FAQ on Bayh-Dole, 2

University of Connecticut patent practice hash, 4

So now back to UConn’s patent policy claim. Look at it again: Under Connecticut state law, the University owns all inventions created by employees in the performance of employment with the University or created with University resources or funds administered … Continue reading

Posted in Bayh-Dole, Policy, Stanford v Roche | Tagged , , | Comments Off on University of Connecticut patent practice hash, 4

University of Connecticut patent practice hash, 1

Let’s work through the University of Connecticut’s intellectual property practice on disclosure and ownership of inventions. We will start in the middle, with a disclosure form–much like a university inventor might do. UConn has an “Innovation Alert” web “portal” that … Continue reading

Posted in Bayh-Dole, Present Assignment, Stanford v Roche | Tagged , , , , , | Comments Off on University of Connecticut patent practice hash, 1