Author Archives: Gerald Barnett

Crap, crap, crap, Bayh-Dole, and crap talking points

Posted on September 28, 2020 by Gerald Barnett

Think of these as presentation slides, but without the actual mental pain of seeing slides. Bayh-Dole has failed to produce the outcomes claimed has destroyed university research freedom and technology transfer is a drafting nightmare of inconsistencies, half-hearted gestures, and … Continue reading →

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Crap, crap, crap, Bayh-Dole, and crap (short attention span version)

Posted on September 28, 2020 by Gerald Barnett

Bayh-Dole is crap. Bayh-Dole practice is crap. Bayh-Dole outcomes are crap. Universities bluff about Bayh-Dole and about their metrics. Federal agencies don’t protect the public from university patent abuse. Federal agencies don’t act on the rights Bayh-Dole reserves for them. … Continue reading →

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University Patent Policy for Effective Technology Transfer, 4: The Eat and Fart Model

Posted on September 26, 2020 by Gerald Barnett

No one in their right mind reads a book primarily because it has a copyright. “Gosh, all these books in the public domain–I need to find one with a solid, enforced copyright!” Similarly, technologists with stable brains do not seek … Continue reading →

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University Patent Thickets

Posted on September 24, 2020 by Gerald Barnett

Here’s a passage from Walton Hamilton and Irene Till, “What is a Patent” in the Spring 1948 issue of Law and Contemporary Problems: It is the very purpose of the patent lawyer to flood the office with an endless stream … Continue reading →

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If you are against a crappy law like Bayh-Dole

Posted on September 23, 2020 by Gerald Barnett

Kevin E. Noonan, a biotech patent attorney, made an interesting assertion in a LinkedIn comment on the fourth article in this series. Maybe he was being flippant, but let’s consider: People against Bayh-Dole just support private industry (much of it … Continue reading →

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University Patent Policy for Effective Technology Transfer, 3: Yale patent policy on exclusive licensing

Posted on September 22, 2020 by Gerald Barnett

University patent policies do not address exclusive licensing, and yet exclusive licensing is at the core of much current university patent practice. Exclusive licensing is the key thing that Bayh-Dole enabled. And Bayh-Dole, in its federal agency licensing authorization, pees … Continue reading →

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Reflections on Shill Reflections on Bayh-Dole, 7: Grubbers, innovation, and march-in

Posted on September 21, 2020 by Gerald Barnett

Reflections on Bayh-Dole by “industry leaders”–who are, apparently, mostly shills out shilling for (and to) the pharmaceutical industry. Good shilling earns shillings, so it is a viable career choice. We use these shills reflecting on Bayh-Dole to also reflect on … Continue reading →

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Reflections on Shill Reflections on Bayh-Dole, 6: Fragmentation, lockup, and babble talk

Posted on September 20, 2020 by Gerald Barnett

We are still reflecting on reflections on Bayh-Dole. It’s a hall of mirrors, with reflections all the way down to the insubstantial substance of the operation of the statute itself. We continue with a reflection on a reflection of what … Continue reading →

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Reflections on Shill Reflections on Bayh-Dole, 5: Incentives and basic research

Posted on September 19, 2020 by Gerald Barnett

We have been working through a set of reflections on Bayh-Dole by a set of patents-in-healthcare shills. We are at this claim: prior to the Act, the government often funded research to spark innovation, but then put the research in … Continue reading →

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Reflections on Shill Reflections on Bayh-Dole, 4: Fake history, executive branch patent policy, and contamination

Posted on September 18, 2020 by Gerald Barnett

Back to reflecting on fake history, namely this: prior to the Act, the government often funded research to spark innovation, but then put the research in the public domain for non-exclusive licensing,… Executive branch patent policy from Kennedy on (until … Continue reading →

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