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Author Archives: Gerald Barnett
"Present licensing" under Bayh-Dole
One of the benefits of reading carefully is discovering how a well constructed text makes sense of complex situations. The implementing regulations for Bayh-Dole are one such text. It is really something to take the mish-mash that is 35 USC … Continue reading
Posted in Bayh-Dole, Policy, Present Assignment, Technology Transfer
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The Agent Choice Genius of Bayh-Dole
In the past I’ve tried to outline how Bayh-Dole works. What this means is how the standard patent rights clause in federal funding agreements works. This in turn requires us to get at why the (f)(2) agreement is so essential. … Continue reading
Posted in Bayh-Dole, Present Assignment, Technology Transfer
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The Double-Cross
The question has come up: doesn’t a present assignment approach protect faculty from the conniving tricks of companies that will cheat them out of their rightful royalties to inventions? The answer is no. It won’t–not as a condition of employment … Continue reading
Posted in Bayh-Dole, Present Assignment, Stanford v Roche, Technology Transfer
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Faculty employees
Employers own their employees’ work Faculty are employees Therefore universities own the work of faculty Is it that simple? Let’s look at it two ways. First, from the perspective that this reasoning is actually how someone comes to the conclusion … Continue reading
Posted in Innovation, Policy, Present Assignment, Technology Transfer
Tagged faculty employment
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Are university faculty employees wrt research IP?
Are faculty “employees” for the purpose of intellectual property in research? I argue they are not. Here’s a sketch of my reasoning. Consider: Faculty choose their research topics. They choose where they will do their work (university or not). They … Continue reading
Posted in Agreements, Policy, Present Assignment
1 Comment
And all your student ideas are belong to us, too!
Students who are also employees, students working on a sponsored project, and students who have used University resources (other than for lecture-based coursework) shall also report all inventions and discoveries to the University’s Office of Intellectual Property and Technology Transfer … Continue reading
Posted in Bozonet, Policy, Technology Transfer
Tagged Bayh-Dole, patent policy
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All your non-general expertise and ideas are belong to us
Universities may not own ideas yet, as I quipped in a recent post, but take a look at this bit of policy from the University of Washington, one of the country’s leaders in messed up IP policy: “Deeper Involvement Review” … Continue reading
Posted in Policy
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More Bad Science = Tech Transfer Changes
Another summary of “bad science”, this time in bright graphics with emphasis on biomedical and clinical psychology. If 1 in 3 scientists are cooking their results a little longer than they should, should technology transfer offices be a lot more … Continue reading
Posted in Agreements, Bad Science, Policy, Technology Transfer
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Simple, Clear Model University IP and Consulting Policies
That last post was no fun at all. I hope you skipped it. It just documents how bad stuff is so no one can feign that it looks pretty good, really. No matter. Perhaps long IP policies are doomed. If … Continue reading
Posted in Policy
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A compulsory policy so messed up, it must be voluntary!
11. The present assignment is so incompetently constructed it boggles the mind. In a prior post, I included the above in a list of problems with UW’s implementation of present assignments. I added this one because, well, UW’s “goes to … Continue reading
Posted in IP, Policy, Present Assignment
1 Comment