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Author Archives: Gerald Barnett
Summary Re-writing Bayh-Dole
[Updated with new examples to replace ones since removed from the web–whack-a-mole time] I have pointed out how AUTM’s summary of Bayh-Dole puts its own misleading spin on the law. Here is how this bad advice works in the wild. … Continue reading
Posted in Bayh-Dole, Policy, Stanford v Roche
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Five Defects in Persistent Readings of Bayh-Dole
I read a couple of recent papers that involved Bayh-Dole, oh boy. One was a new law review article on Stanford v Roche. In what has come to be expected fashion, the authors mishandle Bayh-Dole. Rather than spending time pointing … Continue reading
Posted in Bayh-Dole, Literature
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Neophilia
Alok Jha, writing in The Guardian, has an extended article on the growing problem of bad science, with particular attention to psychology and medicine. One bit of worrisome news: There are indications that bad practice – particularly at the less … Continue reading
Posted in Bad Science, Technology Transfer
Tagged bad science, candor, integrity, neophilia
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Bayh-Dole, the Invention Management Free-Agency Law
I came across an email from November 2009 that rather lays out the heart of the public debate around free agency. It’s from Joe Allen to Robert Hardy (at COGR) and Howard Bremer (long time at WARF). Robert Hardy has sent … Continue reading
AUTM Summarizes Bayh-Dole
Here is an AUTM summary of Bayh-Dole: Major provisions of the Act include: Non-profits, including universities, and small businesses may elect to retain title to innovations developed under federally-funded research programs Universities are encouraged to collaborate with commercial concerns to promote … Continue reading
Posted in Bayh-Dole, Technology Transfer
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Competing Primitive Narratives of Technology Transfer
I have noticed recently how merely having a reasonable account for something doesn’t mean that one has got the one and only reasonable account. Todorov, that critical theorist that folks in tech transfer have never heard of, says that there’s … Continue reading
Posted in Policy, Social Science, Technology Transfer
Tagged metonomy, model, narrative, primitive, technology transfer, Truman Show
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There are three paths you can go on…
Here’s a discussion in the wild, c. 2008, from some folks who generally have legitimate concerns about Bayh-Dole (my emphasis): One of BD’s intended virtues involved transferring default patent ownership from government to parties with stronger incentives to license inventions. … Continue reading
Posted in Bayh-Dole, Policy, Technology Transfer
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Thinking like App.net
The App.net folks are thinking about how to develop an approach to open systems that rewards 3rd party contributions. Dalton Caldwell has a nice discussion of one approach in a recent blog post. Imagine that there’s a set cut of … Continue reading
Posted in Agreements, Commons, Technology Transfer
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Dealing with TLO Food Bowl Aggression
I came across a paper in PLoS that discusses Global Access Licensing. The point of the paper is to lay out GAL Framework principles and appeal to university licensing offices to implement them. The authors point out that Bayh-Dole allows … Continue reading
Freedom to Innovate
When the discussion of “free agency” comes up in technology transfer, it is easy to get diverted into rather narrow formulations. In previous essays, I’ve pointed out that inventor ownership is the default in US patent law, and it takes … Continue reading
Posted in Freedom, Innovation, Policy, Technology Transfer
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