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Author Archives: Gerald Barnett
Five Audit Issues for University Compliance with Bayh-Dole
While most discussions about Bayh-Dole compliance focus on the time periods for reporting inventions, filing patent applications, and giving notice of election to retain title, the compliance issues that matter are often overlooked. The top five involve ownership, money, and … Continue reading
Posted in Bayh-Dole, Policy
Tagged (f)(2), assignment, audit, Bayh-Dole, exclusive license, royalty income, subject invention
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Imagine
Without patents, we would ask whether invention means all that much in the menagerie of university research insights. What sort of epiphanies did you have today? Ah, I found an error in a published paper, had an inkling that there … Continue reading
Posted in Policy
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Things universities can do with patents
A patent has many uses. A patent can be used to: exclude others from using an invention the patent owner is using prevent others from using an invention the patent owner is not using extract payments from users or companies wanting to market products … Continue reading
Posted in Commons, IP, Policy, Social Science
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Active Latency Innovation
In The Lever of Riches: Technological Creativity and Economic Progress, Joel Mokyr works through an economic history of technological change. He observes that sometimes changes happen incrementally, and sometimes with a sort of “macro” leap. It appears that in some … Continue reading
Posted in Commons, Freedom, Innovation, Policy
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Seven key documents frame university invention management
Seven documents frame university management of inventions: Cottrell, The Research Corporation, an Experiment in Public Administration of Patent Rights (1912) Bush, Science the Endless Frontier (1945) Palmer, Survey of University Patent Policies (multiple editions from 1948 to 1962) Kennedy, Statement of … Continue reading
Does Bayh-Dole Require Reasonable Pricing?
[Revised and extended for clarity] Short answer: no, but well, sort of, er, actually–yes! but not what you might expect. In 2005, Norman J. Latker, the key draftsman of both the Institutional Patent Agreement and Bayh-Dole published a critique, along with … Continue reading
The Effect of Bayh-Dole on University Therapeutics
Yesterday Kelly Sexton tweeted out the following claim: It would be great to think that the Bayh-Dole Act has resulted in a bunch of new therapeutics reaching the public. And perhaps that’s the case. And it might even be simpler … Continue reading
Posted in Bayh-Dole
Tagged AUTM, Bayh-Dole, IPA, therapeutics
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Attacking Bayh-Dole monopoly pricing
[Added a comment at the end.] PhRMA published recently a white paper arguing that Bayh-Dole’s march-in provisions should not be used to mitigate monopoly patent pricing. Here’s the basic argument from the executive summary. It’s a few sentences, but it … Continue reading
Posted in Agreements, Bayh-Dole
Tagged Bayh-Dole, monopoly, profits
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PhRMA loves Bayh-Dole but won’t out and say why
PhRMA, a pharmaceutical industry lobbying group, has published a white paper championing Bayh-Dole. What they are after is to prevent the Bayh-Dole march-in provisions from ever operating. To do this, they make a variety of assertions about Bayh-Dole that can’t … Continue reading
Demonstrate that Bayh-Dole isn’t a disaster
Okay, folks. Here’s your challenge. Demonstrate that Bayh-Dole isn’t a disaster and university patent licensing practice isn’t also a disaster. Here are some observations. Produce evidence to show they are wrong. 1. Commercialization under Bayh-Dole is 100x worse than under the private … Continue reading