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Author Archives: Gerald Barnett
The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 4
Well, now we can look at Bayh-Dole’s nonprofit assignment provision. It’s in Bayh-Dole’s specification for what must be included in a patent rights clause that runs with any funding agreement with a nonprofit or small business. Here, 35 USC 202(c)(7)(A): … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, IPA
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The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 3
We are working through the approaches of the IPA master and Bayh-Dole’s standard patent rights clause to the assignment of inventions by nonprofit organizations. Unlike the IPA, which was a federal master contract made with selected organizations, Bayh-Dole is a … Continue reading
An odd statement of government interest in a Navy “UFO” patent
Here’s US patent 10322827. One of the “UFO” patents. It’s interesting physics, if not controversial, for being innovative in an institutional world that has made innovation mostly boring. But we are concerned with something else here.
Posted in Innovation, Patents
Tagged government interest, secrecy, ufo
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The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 2
We have looked at the IPA assignment clause. Since the IPA is specific to nonprofits, there’s no reason to call out nonprofitedness. But there is a reason then to restrict any later invention assignment to nonprofit assignees. Why? The point … Continue reading
The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 1
Norman Latker, patent counsel at the NIH, drafted Bayh-Dole on the sly, working against HEW policy on inventions to create an easier pathway by which nonprofits could pass exclusive control of inventions made in work receiving NIH funding to the … Continue reading
Posted in Bayh-Dole, History
Tagged assignment, Bayh-Dole, CNIOSI, IPA, Latker, subject invention
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Misconceptions about the law that catalyzed 40 years of university patent bungling
In a recent op/ed (“The Law That Catalyzed Nobel Prize-Winning Research at UC Berkeley”), Carol Mimura argues, in effect, that provisions of Bayh-Dole should not be used to deter price gouging or to increase the availability of needed medical treatments. … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, misconceptions
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A question on RE: practice the invention
Search on RE: “what does “practice the invention” mean under bayh dole.” Practice means “to make, use, or sell” an invention. Practice means to use any of the substantial rights to a patentable invention. Practice means to “work” an invention … Continue reading
What has Bayh-Dole changed?
There’s a persistent claim made that Bayh-Dole somehow changed university technology transfer–started it, revolutionized it, and/or made it successful where it wasn’t before. Something pretty darned big, anyway. But nowhere in Bayh-Dole is there any hint that nonprofit technology transfer … Continue reading
A Bayh-Dole Quick Read, made longer with comments–Orp!
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 really short version of Bayh-Dole, extracted from the swamp of muddy drafting that is Bayh-Dole. I’ve added … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, quick read
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Bayh-Dole, Piscopo version
Use the patent system! To promote use of inventions! Got an invention in federal research? Keep it! But license the feds! To practice and have practiced! Reporting? All kept secret! Nonprofits! Patent money? Deduct admin costs only! Use the rest … Continue reading