Tag Archives: subject invention

Does Bayh-Dole apply only to patentable IP?

Here is a question at Research Enterprise. Does Bayh-Dole apply only to patentable IP? Answer: No. In its contracting parts, Bayh-Dole applies to subject inventions, and the definition of subject invention includes more than patentable IP but also restricts what … Continue reading

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When is an invention a subject invention?–5

We have pounded our way through the definition of subject invention. We started with the observation that Bayh-Dole is part of federal patent law, not merely an executive branch regulation. Bayh-Dole preempts other federal law and executive branch patent policy … Continue reading

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When is an invention a subject invention?–4

We are working through Bayh-Dole’s definition of “subject invention” at 35 USC 201(e). For an invention to be a subject invention, it must meet every element of the definition. Folks can’t just say something is a subject invention and by … Continue reading

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When is an invention a subject invention?–3

We are dealing with when an invention becomes a subject invention under Bayh-Dole. An invention must meet every element of Bayh-Dole’s definition at 35 USC 201(e) to become a subject invention and cause Bayh-Dole to preempt most other federal law … Continue reading

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When is an invention a subject invention?–2

We are working through the answer to when an invention is a Bayh-Dole subject invention. The reasoned answer is when the invention meets every element of the definition of subject invention at 35 USC 201(e). The simple answer in practice … Continue reading

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When is an invention a subject invention?–1

A search query here at Research Enterprise recently asked how to determine if an invention is a “government subject invention.” Here is your answer. Keep in mind that Bayh-Dole is poorly drafted, not enforced, not complied with, and there’s plenty … Continue reading

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The Arizona Commerce Authority Guidance on Bayh-Dole, 3

We continue with our review of the Arizona Commerce Authority’s account of Bayh-Dole. The ACA has made these points [our comment]: Bayh-Dole is really broad [yes–but its breadth is not just in the scope of what’s patentable, but also in … Continue reading

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Contractor Background Rights and March-in

Bayh-Dole’s march-in provisions (35 USC 203) are worthless. They were designed to be worthless, except for creating a show of public oversight and intervention that allowed Bayh-Dole to get through Congress and be signed into law. Bremer bragged about how … Continue reading

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More bad Bayh-Dole advice in the wild

Here are “three important questions answered” by a company specializing in Bayh-Dole compliance. (I’m sorry, Nikki. Have your people up their game.) 1) If you report an invention after the 60-day deadline, can the Government take title? Yes, the Government … Continue reading

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9 things Bayh-Dole does not require universities to do, part 1

Let’s review some of the things Bayh-Dole does not require universities to do. These, despite what you may have heard. First the list, then the discussion, then an extended technical note for the folks that want detail and think perhaps … Continue reading

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