Tag Archives: subcontract

Another question on RE: what to do if a subcontractor has a subject invention?–3

Now for the mess. The standard patent rights clause inserts a provision that’s not authorized by Bayh-Dole and is a screwed up version of an FPR provision. This is the provision for a written agreement in 37 CFR 401.14(f)(2). The contractor agrees … Continue reading

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Another question on RE: what to do if a subcontractor has a subject invention?–2

We are working through what to do if a subcontractor under a federal funding agreement for research or development has a subject invention–that is, an invention within the definition set out by Bayh-Dole that the subcontractor has acquired and was … Continue reading

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Another question on RE: what to do if a subcontractor has a subject invention?–1

Bother. For the TL;DR crowd, I’ll copy the end to the beginning: What to do if a subcontractor has a subject invention? It’s not yours. It’s theirs. If the subcontractor is a company, then if you have previously negotiated a … Continue reading

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Guide to Bayh-Dole by the Layers, 4

Fourth layer: Funding agreements We have looked at Bayh-Dole the statute, the implementing regulations, and the standard patent rights clauses. These are all apparatus that are disconnected from contractors and inventors–just laws and regulations and templates. The apparatus gets connected … Continue reading

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Bayh-Dole Basics, 4: contractor comments

Bayh-Dole defines anyone on the other side of a funding agreement from a federal agency as a contractor.  The term is arbitrary and misleading. Let’s look at both aspects. The standard patent rights clause requires the contractors that host federally … Continue reading

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