Monthly Archives: November 2016

Actual reduction to practice

Posted on November 11, 2016 by Gerald Barnett

In working through some of the legislative background to the failed effort to make the IPA template government-wide, I came across a curious passage in testimony attributed to the Library of Congress Research Service. The Service was addressing the issue … Continue reading →

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An Effect of Petty University Patent Monopolies

Posted on November 9, 2016 by Gerald Barnett

We have discussed the idea that university ownership of patents ought to be different from just any ownership of patents. Universities ought not use patents to exclude all use, for instance, or to license or assign to someone who will … Continue reading →

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Royalty sharing as federally mandated divisiveness

Posted on November 8, 2016 by Gerald Barnett

Here’s a sliver of divisiveness in Bayh-Dole (35 USC 202(c)(7)). In the case of a nonprofit organization, …. (B) a requirement that the contractor share royalties with the inventor On the face of it, this seems to be a happy requirement. … Continue reading →

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Bayh-Dole, federal welfare for patent bureaucrats

Posted on November 7, 2016 by Gerald Barnett

There is a vast public literature–academic, legal, and popular–that claims Bayh-Dole is a wild success. That literature claims that compliance with Bayh-Dole requires commercialization, and that it is by commercialization that public benefit from federal research comes about. That argument reduces … Continue reading →

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On Crossing the Commons

Posted on November 6, 2016 by Gerald Barnett

I was in a conversation with some folks associated with the University of Alaska and wrote the following bit about my past work. With a bit of editing for a different context, and the usual expansion to flesh things out … Continue reading →

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Poppy fields forever

Posted on November 4, 2016 by Gerald Barnett

The great challenge with a received view is to see the world afresh, without the habitual cognitive anchors–to move free of the anchors–the assumptions, the chosen dichotomies, the methods of classifying, the rationales, the take on historical context–to work out what we should … Continue reading →

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What we have lost

Posted on November 2, 2016 by Gerald Barnett

Before their efforts turned to Bayh-Dole, the folks advocating invention mining at universities aimed to make the IPA a standard across all government agencies. Yes, “uniform” policy was what they argued for, but that was the politics. What they wanted … Continue reading →

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Nanopore subject invention patent battles

Posted on November 1, 2016 by Gerald Barnett

Illumina is suing Oxford Nanopore over nanopore technology for DNA sequencing. Here’s what is interesting. Illumina licensed patents from the University of Washington and University of Alabama (joint owners). The underlying inventions were made with federal support. Oxford Nanopore licensed … Continue reading →

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