Author Archives: Gerald Barnett

Thought Experience

Posted on October 1, 2010 by Gerald Barnett

Let’s look back in time, do a “thought experience”. That is, experience thoughts that might help clarify things that don’t appear all that clear for folks in the doing. In your thoughts, imagine a university faculty member years ago, say, … Continue reading →

Posted in Bayh-Dole, IP | Comments Off on Thought Experience

Dag Wags Dog

Posted on October 1, 2010 by Gerald Barnett

Stanford v Roche has put some folks into a tizzy. Since the tizzy drives to the heart of Bayh-Dole, it’s worth spending some time with it. For those that have been following my efforts to work through the issues, you … Continue reading →

Posted in Bayh-Dole | 1 Comment

SG on the scale

Posted on October 1, 2010 by Gerald Barnett

Looks like the Solicitor General has weighed in supporting the effort to get Stanford v. Roche before the Supreme Court. All the lobbying by the universities has paid off handsomely. Now, one might hope, they will learn a powerful lesson, … Continue reading →

Posted in Bayh-Dole | Comments Off on SG on the scale

A Template in a Teacup

Posted on September 28, 2010 by Gerald Barnett

Templates are a staple of licensing. They range from past agreements to form book illustrations to model agreements to standardized agreements for specific transactions. One starts with templates to build agreements for specific situations by versioning for local circumstances. There … Continue reading →

Posted in Agreements, Technology Transfer | Comments Off on A Template in a Teacup

Grail is a bit much

Posted on September 27, 2010 by Gerald Barnett

I’ve been working through the Carolina Express license again, given all the attention folks are giving it. For the most part it’s another exclusive patent license, biased toward biotech conventions and assuming Bayh-Dole conventions, with the usual warts. What is … Continue reading →

Posted in Technology Transfer | Comments Off on Grail is a bit much

The Most Efficient License

Posted on September 27, 2010 by Gerald Barnett

The most efficient license is to take whatever is offered. The next most efficient is to dictate the terms and ignore everyone until someone takes your deal as is. Either way, the point of efficiency is not to be bothered. … Continue reading →

Posted in Technology Transfer | Comments Off on The Most Efficient License

Issues with Faculty Startups

Posted on September 25, 2010 by Gerald Barnett

Some years ago, we were asked, why not just take a set %–like 5%–of equity in research startups, and make it a standard patent license without any running royalties on sales? Wouldn’t that be even simpler? At the time, it … Continue reading →

Posted in Bayh-Dole, Technology Transfer | Comments Off on Issues with Faculty Startups

Exclusive "Express" Start up Licenses

Posted on September 25, 2010 by Gerald Barnett

There’s some press chatter around about “express” licenses. Here and here and here. We were using this sort of approach a decade ago to manage non-exclusive licensing programs for specific projects. The idea is, for a given technology base, use … Continue reading →

Posted in Technology Transfer | Comments Off on Exclusive "Express" Start up Licenses

The Room at the Bottom

Posted on September 23, 2010 by Gerald Barnett

Feynman made a famous talk on studying the small things of physics, arguing there was “plenty of the room at the bottom” for research. The same may be true for university research and technology transfer relative to markets, industry, and … Continue reading →

Posted in 3D Printing, Bayh-Dole, Technology Transfer | 1 Comment

The Meat of It

Posted on September 13, 2010 by Gerald Barnett

As I reread the 40+ university amicus brief, I tried to understand what would cause such mass hysteria among such a usually undemonstrative group. Clearly, they believe something they do is under attack, or Bayh-Dole is, and they got out … Continue reading →

Posted in Bayh-Dole, IP, Sponsored Research, Technology Transfer | Comments Off on The Meat of It