Author Archives: Gerald Barnett

Does Bayh-Dole require a patent policy?

Here is a bit (see paragraph 9) from a major US university policy on treatment of inventions under Bayh-Dole: Incumbent upon members of the University community who apply for and receive federal funding to support research or who use federal … Continue reading

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The Moment In-Between

Here’s a neat essay by Chris Newfield that looks at the elements of innovation that underlie the development of Google from a snatch in a dream to becoming a global information and advertising silverback. One of the things that has … Continue reading

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Two Yesses

The idea of innovation is complicated. Benoît Godin has shown in a series of articles that innovation until the last hundred years or so has been a derogatory term.  No one wanted to be called an innovator. Then in science, … Continue reading

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It's That Friggin' Simple

In Stanford v Roche, the CAFC said, essentially:  why don’t you manage your assignment obligations, if you care about them so much, or even follow the protocols of the law that you seek to claim the benefit of? This, to … Continue reading

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Compulsory Monopolicy

I was having some fun with that last post.   Part of the purpose is to tweak the noses of some folks who I hear had a good time trashing this blog at their recent organizational meet-up.   Well, now.  Good fun … Continue reading

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Just Trying to Help

I would like to see a solid white paper written by the leaders of the organizations that are arguing for a university compulsory system of invention management. Not some paid attorneys to do the water carrying, not some academics put … Continue reading

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Why university research IP policies should be different

I have written multiple times I don’t much care who wins Stanford v. Roche. I like universities and I like companies and I can see problems and advantages in both. I know some of the people at Stanford and don’t … Continue reading

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Live new or die

There are ways of thinking about ownership that make it sound perfectly normal for universities to own inventions made in research programs and to assign administrators the task of managing these, and any patents that issue on them. The further … Continue reading

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The groundwork for university research innovation

We helped work on an op/ed piece on the problems presented if Bayh-Dole becomes a vesting statute. Today IP Watchdog published it on their website. Fundamental university research innovation values are vision, choice, respect, and mutual agreement–not money, monoculture, compulsion, … Continue reading

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Ten Reasons Why Bayh-Dole Isn't and Shouldn't Become a Vesting Statute

Here are 10 reasons why Bayh-Dole is not a vesting statute, shouldn’t become one, and why that approach should not be taken in an effort to resolve Stanford v. Roche. 1. It is a broken reading of the law. Trying … Continue reading

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