Monthly Archives: August 2018

Exceptional Circumstances in Bayh-Dole, 9

Posted on August 29, 2018 by Gerald Barnett

We are working through the idea of exceptional circumstances in Bayh-Dole. There’s a problem here that lies at the root of the federal policy. Bayh-Dole states an arbitrary default–if a federal contractor acquires a patentable invention made in a project … Continue reading →

Posted in Bayh-Dole | Tagged , , | Comments Off on Exceptional Circumstances in Bayh-Dole, 9

Exceptional Circumstances in Bayh-Dole, 8

Posted on August 28, 2018 by Gerald Barnett

We  have looked at the NIH’s views on exceptional circumstances. We started with Dr. Thomas’s 2008 talk, with a discussion about how his talk fundamentally misrepresented Bayh-Dole. We then checked out the PHS Technology Transfer Manual’s statements of policy and … Continue reading →

Posted in Bayh-Dole, Policy | Tagged , | Comments Off on Exceptional Circumstances in Bayh-Dole, 8

Exceptional Circumstances in Bayh-Dole, 7

Posted on August 27, 2018 by Gerald Barnett

The 2013 version of the PHS Technology Transfer Manual 607.1 on exceptional circumstances lists a set of questions that ought to be considered by those in an NIH institute or center (IC) in preparing a determination of exceptional circumstances. These … Continue reading →

Posted in Bayh-Dole, Technology Transfer | Tagged , | Comments Off on Exceptional Circumstances in Bayh-Dole, 7

Exceptional Circumstances in Bayh-Dole, 6

Posted on August 24, 2018 by Gerald Barnett

You may think it’s mean of me to pick on Dr. Thomas for a talk that’s a decade old, and presented before the Stanford v Roche case was decided. If so, then you might want to consider the Public Health … Continue reading →

Posted in Bayh-Dole | Tagged , , , | Comments Off on Exceptional Circumstances in Bayh-Dole, 6

Exceptional Circumstances in Bayh-Dole, 5

Posted on August 23, 2018 by Gerald Barnett

Despite the recognition that there are all sorts of federal research programs primarily directed at nonprofit-hosted research that would benefit from a determination that Bayh-Dole’s default provisions do not do a good job of promoting Bayh-Dole’s stated policy and objectives, … Continue reading →

Posted in Bayh-Dole | Tagged , , , | Comments Off on Exceptional Circumstances in Bayh-Dole, 5

Exceptional Circumstances in Bayh-Dole, 4

Posted on August 22, 2018 by Gerald Barnett

In more plain language, even with regard to outcomes, Bayh-Dole is crappy public policy. At best, Bayh-Dole has enabled a betting parlor managed by nonprofits for the future value of patent rights, especially those patents directed at controlling the “market” … Continue reading →

Posted in Bayh-Dole, Policy, Technology Transfer | Tagged , | Comments Off on Exceptional Circumstances in Bayh-Dole, 4

Exceptional Circumstances in Bayh-Dole, 3

Posted on August 21, 2018 by Gerald Barnett

“Exceptional” circumstances are not stated by Bayh-Dole to be rare or unusual ones–they could be common. Exceptional circumstances are those circumstances in which Bayh-Dole’s arbitrary default at 35 USC 202(a) is not the best thing for promoting the policy and … Continue reading →

Posted in Bayh-Dole, Policy, Technology Transfer | Tagged , | Comments Off on Exceptional Circumstances in Bayh-Dole, 3

Exceptional Circumstances in Bayh-Dole, 2

Posted on August 20, 2018 by Gerald Barnett

Here’s the slide from Dr. Thomas that starts our descent into darkness. Part of the slide contents is accurate. Part is slipped. Let’s take up the slipped. First, Bayh-Dole does not say the federal government “retains patent rights” when the … Continue reading →

Posted in Bayh-Dole, Technology Transfer | Tagged , , , | Comments Off on Exceptional Circumstances in Bayh-Dole, 2

Exceptional Circumstances in Bayh-Dole, 1

Posted on August 17, 2018 by Gerald Barnett

In 2008, Dr. Jeffrey W. Thomas, then a senior advisor to the Technology Transfer Center at the National Cancer Institute, gave a talk on Bayh-Dole’s exceptional circumstances. The slide deck is still up at a federal laboratory consortium web site. … Continue reading →

Posted in Bayh-Dole | Tagged , , , | Comments Off on Exceptional Circumstances in Bayh-Dole, 1

AAU, APLU, and others aim to “bolster” federal technology transfer, 7

Posted on August 16, 2018 by Gerald Barnett

Frankly, I am weary of working through the HEAs’ nonsense advice to NIST. I expect you are too. Bullshit is so much more difficult to pin down than carefully reasoned discussion. It’s worth respecting carefully reasoned discussion, even if one … Continue reading →

Posted in Bayh-Dole, Bozonet, Technology Transfer | Tagged , , , , , , | Comments Off on AAU, APLU, and others aim to “bolster” federal technology transfer, 7