Author Archives: Gerald Barnett

Back on the A-110

Posted on December 10, 2010 by Gerald Barnett

I would like to expand on what used to be OMB Circular A-110.  Section .36 deals with intangible property.  Bayh-Dole via 37 CFR 401 is incorporated by reference at .36(b). At (d), there is this text: Title to intangible property … Continue reading →

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Invention, patent, vision

Posted on December 9, 2010 by Gerald Barnett

I am working to get at the root of why anyone would think a compulsory linear model, however driven and resourced, could possibly make any sense at all, especially in light of the last 30 years of dismal failure by … Continue reading →

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How to get through an open door

Posted on December 9, 2010 by Gerald Barnett

In a discussion over at the LinkedIn group SpinOut, there is a valuable discussion going on the matter of the University of Glasgow’s splash in the press about offering a free license (exclusive, apparently, even) to patented technology, if only … Continue reading →

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Same as it ever was

Posted on December 7, 2010 by Gerald Barnett

I’m trying to pin this down.  It is has been a long haul.  First we looked at Stanford v Roche and the AUTM arguments for vesting and found them all scary and wrong, but it took a lot of work … Continue reading →

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Ruby Slippers? What Ruby Slippers?

Posted on December 7, 2010 by Gerald Barnett

In The Wizard of Oz, Dorothy is sent to get the broomstick of the Wicked Witch of the West, having first to deal with her winged monkeys, only to find out that the secret to getting home was the ruby … Continue reading →

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A New Template Agreement

Posted on December 3, 2010 by Gerald Barnett

This agreement came across my desk and I thought it was worth making available.  It’s not quite a social contract, and it clearly does not track anything I’ve ever seen in any official communications of university technology transfer.   So … Continue reading →

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Charter Innovation

Posted on December 2, 2010 by Gerald Barnett

I have been working for the past few months on the idea of charter innovation.   Much of this has been in connection with considering innovation in municipal technology–stuff like water systems, communications, cable, energy, and transportation.   This sort of technology … Continue reading →

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Rising Conflation

Posted on November 30, 2010 by Gerald Barnett

It would appear that many university patent administrators conflate electing to retain title with having title.   They want to do this.  They think this is a good thing. Bayh-Dole makes no express transfer of title from inventors to the employing … Continue reading →

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SPRCing of Bayh-Dole

Posted on November 30, 2010 by Gerald Barnett

Bayh-Dole is implemented by federal agreements. There is no general statement in the Act that ownership of inventions previously with inventors is now with their employer hosts. Not outright, not by notice to the government. It is just not there. … Continue reading →

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The kid who kicked the hornet's nest

Posted on November 30, 2010 by Gerald Barnett

Folks should read Bayh-Dole carefully, closely. This would be a good time to lay out how folks think the law operates, and back up each claim with citations, and show how the claims and citations all work together. Nothing ignored, … Continue reading →

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