Author Archives: Gerald Barnett

Some Questions from a Future FAQ on Bayh-Dole

Q. Can a university violate the Bayh-Dole Act? A. No. Bayh-Dole applies to federal agencies. The law requires federal agencies to adopt uniform practices regarding patent rights to inventions in funding agreements. Bayh-Dole (now) authorizes the Department of Commerce to … Continue reading

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When the pseudo-Bayh-Dole prophecy fails

In 1956, Leon Festinger and others published an account of a group in Chicago that believed that the world was about to be destroyed by a flood, but that those who took the appropriate actions would be rescued by a spaceship … Continue reading

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Voyage of the beagles

It’s not that I wanted to take a hiatus from posting ideas here at the Research Enterprise blog, but other writing tasks and various gusts of the life winds took me away from this forum. But I intend to be … Continue reading

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Cornell’s incompetent "procedural revision" of its patent policy

In 2013, Robert A. Burhman, Vice President for Technology Transfer at Cornell University, sent a letter out to faculty making a claim about Stanford v. Roche: As you may also know, and as discussed in more detail at the end of this … Continue reading

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Can’t you see what Wisconsin has been doin’ to free?

In the summer of 1981, the Bayh-Dole Act went into effect, launching a tsunami that would sweep away the existing infrastructure for faculty-led use of patents to develop research discoveries. In its place, thirty-five years later, sits a manager-led system … Continue reading

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UW's President Continues UW's Rank Deception

On September 30, University of Washington interim president Ana Mari Cauce sent out an email to alumni, including me, on the topic of “kicking off a new year.” The aim of the email was a pitch for donations, of course. … Continue reading

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How Bayh-Dole dammed, and then damned, the commons

This is the third article in a series. The first is here. The second, here. The motivating driver of the Bayh-Dole Act, if we can be blunt, was to put the affiliated research foundations in a position to keep with impunity any … Continue reading

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Bayh-Dole was written for the research foundations. Pity for us all that it didn’t work out.

After I wrote the previous article, it struck me that the origins of Bayh-Dole really are with the affiliated research foundations trying to license patents to industry, not with the universities, and not even with Research Corporation (which remained neutral … Continue reading

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How Bayh-Dole failed to protect faculty inventors (from university administrators)

[Now with some revisions in the second paragraph that on reflection were worth making.] There are a number of things wrong with the Bayh-Dole Act, such as the lack of accountability for the disposition of privately held patents on inventions … Continue reading

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The Road to Redemption

Here’s a story in today’s Seattle Times about AnswerDash, a company formed by students and faculty at the University of Washington’s Information School (my emphasis): The company, founded in 2012, has raised more than $5 million, including a $2.9 million … Continue reading

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