A Twitterer admonished another Twitterer to give Bayh-Dole a quick read. Sigh. But then I thought that I could help out. Here’s a even really shorter version of Bayh-Dole, extracted from the bog puddle of the last post:
use the patent system to promote the utilization of inventions arising from federally supported research or development; [35 USC 200]
Each nonprofit organization or small business firm may elect to retain title to any subject invention: [35 USC 202(a)]
The term “subject invention” means any invention of the contractor [35 USC 201(e)]
the Federal agency shall have a nonexclusive license to practice or have practiced for or on behalf of the United States any subject invention [35 USC 202(c)(4)]
The right of the Federal agency to require periodic reporting on the utilization; Provided, That any such information as well as any information on utilization or efforts at obtaining utilization obtained as part of a proceeding under section 203 of this chapter shall be treated as privileged and confidential and not subject to disclosure. [35 USC 202(c)(5)]
In the case of a nonprofit organization,
a prohibition upon the assignment of rights to a subject invention except where such assignment is made to an organization which has as one of its primary functions the management of inventions (provided that such assignee shall be subject to the same provisions as the contractor);
the balance of any royalties or income earned by the contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, be utilized for the support of scientific research or education; [35 USC 202(c)(7)]
Each Federal agency is authorized to grant nonexclusive, exclusive, or partially exclusive licenses royalty-free or for royalties or other consideration, including the grant to the licensee of the right of enforcement [35 USC 207(a)(2)]
No Federal agency shall grant any license unless the person requesting the license has supplied the agency with a plan for development or marketing of the invention [35 USC 209(f)]
the Federal agency shall have the right to require the contractor, an assignee or exclusive licensee of a subject invention to grant a license, and if the contractor, assignee, or exclusive licensee refuses such request, to grant such a license itself, if the Federal agency determines that such—
(1) action is necessary because the contractor or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use;
(2) action is necessary to alleviate health or safety needs which are not reasonably satisfied by the contractor, assignee, or their licensees; [35 USC 203)(a)]
The term “practical application” means that the invention is being utilized and that its benefits are .available to the public on reasonable terms. [35 USC 201(f)]
And that’s still too long!