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Author Archives: Gerald Barnett
Open Engagement
I have posted a short essay on “open engagement” on our Open 3d Printing project blog. The ideas behind this essay came about in discussions between me and Mark Ganter over responses we were seeing to the publication of various … Continue reading
Posted in 3D Printing, Commons, Sponsored Research, Technology Transfer
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The Minimum Policy
As you may have noticed, I have been working through ownership issues for inventions made under Bayh-Dole. A question that has come up is: What’s the minimum policy required at a university to implement Bayh-Dole? It would appear that a … Continue reading
Posted in Bayh-Dole, Sponsored Research, Technology Transfer
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Not a Flying Toy–Extended
This is part of the discussion I posted previously at Techno-L on 11/3/09. I’m putting it up here for the sake of assembling the various takes on this issue. It lays out some of the diverse ways Bayh-Dole could be … Continue reading
Posted in Agreements, Bayh-Dole, Policy, Technology Transfer
1 Comment
Don't Be a Title-Retentive Bureauklept
I’ve written a bunch on this topic. Here’s a shorter restatement of the previous posts. Patent rights under Bayh-Dole do not vest outright with the university, but rather with inventors as rights in personal property. Title to inventions in Bayh-Dole … Continue reading
Posted in Bayh-Dole, Projects, Technology Transfer
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Apply It Like It Is S v R
(Note: this post continues from the previous one. I don’t take up the particulars of the Stanford v. Roche case, and I wish the disputants, the judges, the attorneys and inventors all the best. Here, I aim to show how … Continue reading
Posted in Bayh-Dole, Sponsored Research, Technology Transfer
Tagged assignment, Bayh-Dole, Stanford v Roche
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What Happens?
I’ve spent some time in previous posts mapping out ways title to inventions is managed under Bayh-Dole. I’ve argued that Bayh-Dole sets up an apparatus of disclosure and obligation that permits a range of practices by universities while protecting government … Continue reading
Posted in Bayh-Dole, Sponsored Research, Technology Transfer
Tagged Bayh-Dole, Stanford v Roche
1 Comment
Why Can't We Be Friends?
Yesterday I read through the amicus curae brief filed by WARF, AUTM, UC, and others. I thought about it on the commute home, and read it over some more last night and early this morning. I’m bothered, and not just … Continue reading
Posted in Bayh-Dole, Sponsored Research, Technology Transfer
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Pining for Fjords
[Note: This post was written two years before Stanford v Roche was decided by the US Supreme Court, which held that Bayh-Dole does not vest title to inventions made in federally supported work with the contractor but rather governs the … Continue reading
Posted in Bayh-Dole, Sponsored Research, Technology Transfer
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The Use Cascade
Re-reading an article today that argues for an “implied duty to commercialize” under Bayh-Dole. This all gets me grumpy because it reinforces a simplistic equivalence in understanding the law: that “commercialization” is the primary goal. And by “commercialization” is meant, … Continue reading
Posted in Bayh-Dole, Technology Transfer
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5 Ways Home
How does ownership vest under Bayh-Dole? There appear to be five arguable ways that patent title vests under Bayh-Dole. I give them here with the best argument I have identified for each. By way of disclosure, if previous posts haven’t … Continue reading
Posted in Bayh-Dole, Technology Transfer
Tagged assignment, Bayh-Dole, ownership, Stanford v Roche
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