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Author Archives: Gerald Barnett
Barnett's Conjecture
The leaders of any status quo cannot self-propose changes to the status quo under which the leaders cease to be the leaders. Or, put it another way, proposed changes in a status quo by those most benefiting from the status … Continue reading
Posted in Social Science
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Finding the Status Quo
Well, the National Research Council has deliberated on university technology transfer, and apparently can’t get past the linear model, the consensus view of patent licensing, commercialization as the high point of dishing public assets to the wealthy and powerful, and … Continue reading
Posted in Bayh-Dole
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We Have Questions
Lots of questions remain from our variation on the theme. What about F’s written agreement? Can F sign any documents for the company, such as the declaration and oath that F is a true inventor? F has an obligation to … Continue reading
Posted in Bayh-Dole
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A Variation on the Theme
We have looked at five ways Bayh-Dole can play out with a single faculty researcher, who we call F. These are government title, university title, third party title, inventor title, and public domain. We have emphasized that Bayh-Dole makes uniform … Continue reading
Posted in Bayh-Dole
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A Fifth Way
Way 5. The university declines to elect to retain title, the government declines to request title, and F does not request to retain title. The invention enters the public domain (one year from publication or other statutory bar). Bayh-Dole does … Continue reading
Posted in Bayh-Dole
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Four Ways
We can work a few variations now with faculty member F. The university has a standard IP policy with a promise to assign to the university. Let’s look at four basic possible outcomes. Then we can start to add variations. … Continue reading
Posted in Bayh-Dole
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Look What They Make Us Give
Maybe it’s all too clear. In the case of an employee bringing the scope of authorized private consulting into federally funded research, the issue is not the mechanism of the obligation to convey title, but the scope. The problem is … Continue reading
Scoping Present Assignments
Another thought experience. Imagine if you will a university faculty member, who we will call F. F’s university requires F to agree to a patent policy that used to say, F promises to assign title to all inventions that the … Continue reading
The AbyNormal Patent Act
We are working through what Bayh-Dole did and didn’t do in managing federally funded inventions made at universities. If you are with me, we did a “thought experience” (not “experiment”). Then I got all grumpy about rhetoric. But that’s out … Continue reading
Posted in Bayh-Dole, IP, Uncategorized
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Doping the System
In semiconductor theory, adding a few impurities into the system may actually improve performance. It’s called doping. Yeah, there are overtones. With regard to research inventions, what happens when the impurity is the university administration seeking title, rather than the … Continue reading