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Author Archives: Gerald Barnett
Choose Your Open Source License
There’s a useful guide at GitHub for choosing an open source license. The guide presents a developer with three distinct options: These capture three common, primary concerns that show up once one has made the decision to be open with … Continue reading
Posted in Agreements, Bozonet, Commons, IP, Open Source
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The IPA Public Covenant
[revised to add a discussion of Kennedy’s patent policy statement and distinguish it from COGR’s account of it; added an account of the various federal agency approaches to ownership of inventions] Advocates for Bayh-Dole practice odd forms of historical revisionism. … Continue reading
Faux Bayh-Dole Central
The Association of University Technology Managers sponsored “Bayh-Dole Central,” (now the “Bayh-Dole History and Research Central”), a site hosted by the University of New Hampshire School of Law and devoted to the Bayh-Dole Act. There you can find all sorts … Continue reading
They just can’t kill the beast
After the Supreme Court ruled in Stanford v Roche, Joe Allen and Howard Bremer wrote an article (“After Stanford v Roche: Bayh-Dole Still Stands“) in which they asserted that they had argued against the idea that Bayh-Dole vested with contractors … Continue reading
Posted in Bayh-Dole, Bozonet, History, Policy, Stanford v Roche
Tagged Allen, Bremer, Stanford v Roche, vesting
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Bayh-Dole, the franken-sausage god
The full title is: Bayh-Dole, the franken-sausage god that destroyed private initiative and the federal research commons, eliminated subvention from university research policy and failed to create a public covenant to use research inventions to develop new products and create new industries … Continue reading
Posted in Bayh-Dole, Bozonet, Commons, History, Innovation, Metrics, Policy, Sponsored Research
1 Comment
Senator Bayh’s inventor-loathing faux Bayh-Dole Act
There has been plenty written about the practice lesson taught by the Supreme Court decision in Stanford v Roche. I’m dismayed how much of it shows no evidence of an awareness of the facts of the case and the primary … Continue reading
Posted in Bayh-Dole, Policy, Stanford v Roche
Tagged Bayh, Bayh-Dole, faux, inventor loathing, of, Stanford v Roche
1 Comment
Vannevar Bush’s seductive lie
At The New Atlantis, Dan Sarewitz has published an interesting article, “Saving Science.” While there’s plenty to discuss regarding his major theme, that scientists “must come out of the lab into the real world,” here I’d like to deal with a … Continue reading
There never was a promise to assign
When Stanford in its litigation against Roche appealed to the U.S. Supreme Court, it included in its petition for certiorari a declaration by Luis Mejia, the licensing manager responsible for filing the patents and offering an exclusive license to Roche. … Continue reading
Posted in Bayh-Dole, Present Assignment, Stanford v Roche
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Faux Bayh-Dole and Stanford v Roche
I have been tracing the history of two versions of Bayh-Dole. One version is based in the law as written and reflected in the implementing regulations and the standard patent rights clause. The second version shows up immediately after the … Continue reading
Posted in Bayh-Dole, Stanford v Roche
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University of California’s Office of the President self-servingly misrepresents Bayh-Dole
[TL;DR UC gets Bayh-Dole wrong, ignores the Stanford v Roche decision, makes it appear that UC has a right to take title to inventions, when it doesn’t. UC denies inventors their rights to invention under the color of law, a … Continue reading
Posted in Bayh-Dole, Policy, Present Assignment
Tagged Bayh-Dole, disclosure, fantasy, University of California
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