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Monthly Archives: November 2010
A Patent License in the DFARS
With all the talk about template patent licenses these days, I thought it might be worth pointing out that in the DFARS there is a template patent license that the Government expects when obtaining patent rights. You can find it … Continue reading
Posted in IP, Technology Transfer
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Minimum Policy, Phase 2
[This is a pre-Stanford v Roche discussion. I have updated it for current CFR references. A contractor does not “elect title”–a contractor may “elect to retain title” that the contractor has obtained by conventional means. A contractor’s option under a … Continue reading
Posted in Bayh-Dole, Technology Transfer
Tagged (f)(2), Bayh-Dole, elect to retain title, principal investigator, title
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Two paths you can go by
One can read Bayh-Dole to be a means of stripping university research personnel of their invention rights. This is the tornado view of Bayh-Dole. Wherever there is federal funding to universities, because Bayh-Dole says the university may elect to retain … Continue reading
Posted in Bayh-Dole
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Why Bayh-Dole is Inspired Legislation
Patentdocs has a useful discussion of Stanford v. Roche, covering the key elements of the case and the history of decisions up to November of last year. At the end, Kevin Noonan makes an effort to get at why there … Continue reading
Posted in Bayh-Dole
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Your transfer to the unknown has come through
You know, the money sweet spot for invention commercialization is to take acute conditions and make them chronic. That’s like a drug to treat the pain rather than an intervention that cures the condition causing the pain, or providing protection … Continue reading
Posted in IP, Technology Transfer
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A New Kind of Innovation Practice
Sloppy practice leaves university technology transfer programs exposed to claims of failure of consideration and lack of just compensation. A better way is to return to voluntary practice. Continue reading
Posted in Bayh-Dole, IP, Sponsored Research
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Opening up technology transfer
Open innovation presents challenges to conventional forms of university technology transfer, even as the conventional forms are a start at open innovation. Continue reading
Posted in Commons, IP, Social Science
Tagged command and control, offer and response, open innovation
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Under strictly controlled conditions…
Section (e) ensures that pre-existing commitments by a university are still valid even if the government takes title to subject inventions, and certainly so otherwise, so long as the university reports the invention and there is practical application with benefits to the public. Continue reading
We have questions
When we interpret Bayh-Dole as a social text, we get beyond the immediate claims and into a territory that tests our competence. Continue reading
Posted in Bayh-Dole, IP, Literature, Social Science, Technology Transfer
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Not all title are belong to us
It’s clear that the standard patent rights clause in 37 CFR 401.14(a) does not expect to get all rights to title in inventions made in the course of federally funded research. The written agreement in (f)(2) concerns itself only with … Continue reading
Posted in Bayh-Dole
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