Tag Archives: subject invention

Subject invention reporting and federal funding agreements

It would be interesting to see an audit of university invention reporting practices, especially in light of the definition of “funding agreement” and what it means for an invention to be made “in the performance of work under a funding … Continue reading

Posted in Bayh-Dole | Tagged , , , , | Comments Off on Subject invention reporting and federal funding agreements

The effect of eliminating Bayh-Dole invention reporting

The invention reporting requirement is fussy bureaucracy as it is presently practiced. Federal agencies appear to do nothing with the information reported other than to run up costs at taxpayer expense to receive the information. Nothing meaningful happens as a … Continue reading

Posted in Bayh-Dole | Tagged , , , , , | Comments Off on The effect of eliminating Bayh-Dole invention reporting

Why universities might fail to report subject inventions

James Love asks why universities fail to report subject inventions. The question might seem rather odd, because in practice Bayh-Dole has been construed to give university administrators incentives to expand the definition of subject invention and so claim anything and … Continue reading

Posted in Bayh-Dole | Tagged , , , , | Comments Off on Why universities might fail to report subject inventions

Nonprofit assignment of subject inventions in the standard patent rights clause 37 CFR 401.14(a)(k)(1)

Universities ubiquitously claim as a matter of formal policy to handle patentable inventions in the public interest. That expectation forms a basis for the federal government to award grants–subvention funding, grants-in-aid–for faculty-proposed research hosted by these universities. That’s also the … Continue reading

Posted in Bayh-Dole | Tagged , , , , | Comments Off on Nonprofit assignment of subject inventions in the standard patent rights clause 37 CFR 401.14(a)(k)(1)

Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 3

The first part of this article is here. The exclusive license that UCLA granted to Medivation meets the requirements for an assignment of the subject invention. The license grants substantially all rights in the subject invention (to all compounds for … Continue reading

Posted in Bayh-Dole | Tagged , , , , , , | Comments Off on Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 3

Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 2

The first part of this article is here. To explore these issues, let’s take a look at Xtandi, a prostate cancer drug that has received press recently in the debate over high drug prices. Xtandi sells in the U.S. for … Continue reading

Posted in Bayh-Dole | Tagged , , , , , , , | Comments Off on Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 2

Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 1

There is a big divide regarding what Bayh-Dole was supposed to accomplish with regard to the use of patents on publicly funded research. On one side is the view that publicly supported research should be freely or otherwise reasonably available … Continue reading

Posted in Bayh-Dole | Tagged , , , , , , | Comments Off on Xtandi demonstrates how Bayh-Dole is a do WTF you want law, 1

The devils in the details: Bayh-Dole supports academic freedom, 2

Part 1 of this article is here. By requiring the contractor to require “technical” employees to make a written agreement, (f)(2) does some fundamental things within the framework of definitions set up by Bayh-Dole. Watch the devils tumble out in … Continue reading

Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche | Tagged , , , , , , | Comments Off on The devils in the details: Bayh-Dole supports academic freedom, 2

The devils in the details: Bayh-Dole supports academic freedom, 1

Bayh-Dole supports the academic freedom of faculty inventors. University administrators refuse to comply. Here, we walk through the law, the implementing regulations, the various patent rights clauses to show the result. Fair warning to university administrators reading this piece. I … Continue reading

Posted in Bayh-Dole, Bozonet, Freedom, Sponsored Research, Stanford v Roche | Tagged , , , , , , , , , | Comments Off on The devils in the details: Bayh-Dole supports academic freedom, 1

Bayh-Dole Basics, 5: invention assignment comments

Here is a basic distinction. Bayh-Dole prohibits nonprofits from assigning subject inventions except to an invention management organization or with the approval of the federal agency–and then only if the assignee accepts the nonprofit patent rights clause. Bayh-Dole says nothing … Continue reading

Posted in Bayh-Dole | Tagged , , , , , , , | Comments Off on Bayh-Dole Basics, 5: invention assignment comments