Author Archives: Gerald Barnett

Learning to See

Posted on July 19, 2011 by Gerald Barnett

While Bayh-Dole and Stanford v. Roche have taken up a lot of space on these pages recently, they are not the only things going around here by any means. One area of our work has been to gain a better … Continue reading →

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What should a university focus on?

Posted on July 13, 2011 by Gerald Barnett

Benoît Godin on the statistics used to describe science, technology, and innovation (STI): – A focus on (research) activities rather than use and impacts. – An economic-oriented representation rather than social/cultural. – An interest in technology rather than science. – … Continue reading →

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Go West for Innovation!

Posted on July 13, 2011 by Gerald Barnett

Here is the biggest outcome of Stanford v Roche: Bayh-Dole does not require universities to take ownership of inventions made with federal funds, does not mandate that universities do so, does not restrain the rights of inventors so they can … Continue reading →

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Corrections Appended

Posted on July 11, 2011 by Gerald Barnett

Here is a university article from April, before the Supreme Court decision. I was hoping that the correction appended would have to do with errors having to do with Bayh-Dole, but no, it was not to be. Thus, I’ve supplied … Continue reading →

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Good News! Universities may now destroy open research and violate Bayh-Dole at will!

Posted on July 11, 2011 by Gerald Barnett

Here is some advice for universities on Stanford v. Roche (“Notwithstanding The Supreme Court’s Ruling Against Stanford, Universities Have The Means To Protect Their Rights In Faculty Inventions”): “In a 7-2 decision delivered by Chief Justice Roberts, the Court affirmed … Continue reading →

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Spoiling the Soda

Posted on July 8, 2011 by Gerald Barnett

I am working to describe how Bayh-Dole operates.  That means:  building a general picture from the details, rather than assuming a simple, general picture and then ignoring all the details that don’t fit in.  It also means:  considering how universities … Continue reading →

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The road to serfdom, patent reform version

Posted on July 1, 2011 by Gerald Barnett

At IP Watchdog, Eric Guttag is out with a piece on the effect of patent reform legislation on Bayh-Dole compliance. It’s an important topic, and Guttag raises some valuable points. But at the root of it, he is working with … Continue reading →

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5 Things to Learn about Stanford v Roche

Posted on June 28, 2011 by Gerald Barnett

1. Assignment of inventions to the university is not a condition of federal funding or federal law. Whatever demands assignment, it ain’t Bayh-Dole.  It is not true, and it is not even credible after Stanford v. Roche, to claim that … Continue reading →

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Summary points about Bayh-Dole

Posted on June 26, 2011 by Gerald Barnett

Bayh-Dole applies to federal agencies in their contracting with universities. It does not apply directly to universities. A standard patent rights clause (SPRC) is established by the Secretary of Commerce under the authority of Bayh-Dole.  Universities agree to the SPRC, … Continue reading →

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Voluntary assignment complies with Bayh-Dole

Posted on June 23, 2011 by Gerald Barnett

From a US university IP policy: Federal law and regulations provide that the University has the right to retain title to any inventions conceived or made in whole or in part during federally funded grants and contracts…..  The following is … Continue reading →

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