Author Archives: Gerald Barnett

The Secret Fingers-Crossed Version of Bayh-Dole

Posted on March 4, 2011 by Gerald Barnett

[This article was written before the Supreme Court decided Stanford v Roche (June, 2011). It was also written before NIST did its crazy stupid overhaul of the codification of Bayh-Dole at 37 CFR 401, changing references and adding its dumber … Continue reading →

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Making the Connection

Posted on March 3, 2011 by Gerald Barnett

Under the standard patent rights clause (SPRC) in a federal funding agreement, a university is required to obtain the agreement of its research employees (that is, other than its clerical and non-technical employees) to protect the government’s interest.  The requirement … Continue reading →

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The Bayh-Dole Experiment That Has Failed

Posted on March 3, 2011 by Gerald Barnett

Bayh-Dole is a law directed at federal agency research contracting with universities, other nonprofits, and small businesses. Bayh-Dole makes uniform agency procurement of subject inventions—inventions made with federal support and falling within the definition of subject invention in Bayh-Dole—requiring agencies … Continue reading →

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Innovation Interfaces

Posted on February 28, 2011 by Gerald Barnett

If we are going to talk innovation, then we also have to talk status quo. Innovation points to change, and so we may ask, “change from what?” We can call this what the “status quo”. The status quo is the … Continue reading →

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Housekeeping

Posted on February 27, 2011 by Gerald Barnett

The blog was down for a bit while Yahoo site hosting dealt with a server glitch. Things appear to be back up now. I have been busy traveling over the past few weeks, and dealing with some health issues, but … Continue reading →

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Five Key Elements of Open Innovation

Posted on February 3, 2011 by Gerald Barnett

I work with five key elements in open innovation business models: critical mass congestion externalities weak ties drivers Critical mass is a restatement that open doesn’t matter if it’s solitary. There has to be at least another player. Generally, a … Continue reading →

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IP for nuthin' and your deals for free

Posted on February 2, 2011 by Gerald Barnett

In IP relationships, I talk about the “Big Five”: Ownership Control Money Attribution Risk In the most basic treatment of IP, folks tend to introduce these in binaries.  Perhaps the most common is ownership for money.  But in licensing, it’s … Continue reading →

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How the Grudging Farmer Really Feels About the Hens

Posted on January 31, 2011 by Gerald Barnett

Here is an entirely typical start to a university IP policy.  I have picked it almost at random.  I don’t have any particular agenda with the school involved.  This sort of reading can be done with most any university’s IP … Continue reading →

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All for Outcomes, and Outcomes for All

Posted on January 24, 2011 by Gerald Barnett

In Stanford v. Roche, the discussion for folks on the sidelines is *not* who “wins” but rather the consequences of the arguments used to “win”.  If the interpretation of certain university-controlled organizations win, then the outcomes will affect *everyone*, regardless of … Continue reading →

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Which side of the door?

Posted on January 24, 2011 by Gerald Barnett

Why do universities claim faculty inventions rather than offer to accept them? To put an edge on it, the difference between a workplace and a prison is which side of the door the lock is on. 

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