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Author Archives: Gerald Barnett
Inventors would own more, were it not for noncompliant Bayh-Dole practice
I saw this tweet this morning: I agree Inventors should own more, but institutions were/are the heart of Bayh-Dole that (arguably) enables IP-driven startups… this is bc many/most PI inventions would go into a black hole without tech transfer officer … Continue reading
Posted in Bayh-Dole, Metrics, Patents, Policy
Tagged Bayh-Dole, license, nonprofit, technology transfer
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Why not let’s try, Frank?
Frank Cullen, writing at the “Council for Innovation Promotion” has posted a hand-wringing response to a letter from members of Congress to the Secretary of Health and Human Services requesting that the government use Bayh-Dole’s march-in provisions to address price … Continue reading
March-in rights, Xtandi, and Bayh-Dole’s patent rights clause
Senator Bernie Sanders just tweeted about Xtandi, asking patients taking Xtandi to share their stories. The prostate cancer drug Xtandi was invented by taxpayer-funded scientists at UCLA, but now costs Americans nearly $190,000 — or up to six times the … Continue reading
Posted in Bayh-Dole, high priced drugs
Tagged Bayh-Dole, competition, march-in, reasonable terms, Xtandi
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NIAID Breezily Repudiates Supreme Court Ruling
Perhaps you wanted a short version. NIAID puts this in guidance to inventors regarding inventions made in NIH-funded work: Under the Bayh-Dole Act, your institution as the grant recipient owns rights to the NIH-funded invention and has the right and … Continue reading
NIAID botches Bayh-Dole
This will be a bit of a long ride. Buckle up. In 2011, the US Supreme Court ruled in Stanford v Roche that the Bayh-Dole Act does not vest title to inventions made in federally supported work with the nonprofit … Continue reading
A university technology transfer annotated reading list
So you want to tell heaven from hell, blue skies from pain. Got it! Here is a basic reading list of documents that frame the history of university technology transfer. I’ve put it in chronological order and provide links to … Continue reading
Posted in Policy, Technology Transfer
Tagged blue skies, pain, reading list, technology transfer
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An Open Letter to Senator Warren Regarding Xtandi
Dear Senator Warren: You have called repeatedly for the federal government to use regulatory tools available to it to address the high prices charged for drugs. Your attention to this matter is much appreciated! I write with specific reference to … Continue reading
Smells Like Bayh-Dole Spirit
Bayh-Dole has two main concerns: contractor patent rights (35 USC 202-204) and federal agency disposition of patents (35 USC 207-209). These two sets of provisions work together in odd but let’s say intended ways. For instance, 35 USC 207(a)(2) authorizes … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, bluntly, exclusive license
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