Author Archives: Gerald Barnett

The AEA, Bayh-Dole, and Government Patent Claims

It has been pointed out that I should take a look at the Atomic Energy Act of 1954. The AEA is an interesting read. Bayh-Dole is at pains to carve out DOE/atomic-nuclear energy provisions, but expressly takes precedence over AEA … Continue reading

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Bayh-Dole and Diversity

In discussions of diversity of practice, I encounter an urge to compare programs to obtain metrics of performance. In Canada, a number of universities have inventor-own policies. University of Waterloo, for instance. The immediate gesture is to ask whether Waterloo … Continue reading

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Ownership Politics

I have been working through how Bayh-Dole operates to distribute patent rights arising in federally funded university and non-profit research. How things work aren’t so entirely obvious, but I’m finding folks have some deeply held beliefs about it. Things can … Continue reading

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Portfolio Sniffing

Is a portfolio making $10m/year and closing 50 licenses a year high performing? Is it still high performing if it is making $9.8m from one license, and $200K total from four more, and about one third of the patenting costs … Continue reading

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Bayh-Dole: The Series

It has been a wild two weeks since I raised some points with regard to university patent practice under the Bayh-Dole Act. There is much to develop, but I can’t do it all in a single post. So it will … Continue reading

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Solheim Lab Microwave Kiln Micro-donation Project

As part of RTEI’s efforts to promote new forms of inquiry such as research-based art, we have been working with the Solheim Lab at the University of Washington. The lab has a blog for their open 3d printing initiative, which … Continue reading

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Pursuing A-110

OMB Circular A-110 sets the overall federal policy for the funding of university research. Within A-110, Bayh-Dole appears as a section within __.36, which pertains to Intangible Property. Other sections of __.36 address copyright and data. There are other federal … Continue reading

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Bureaukleptosis Assessment Tool

Does your university have bureaukleptosis of the IP? Sounds like an ugly malady, to be sure, and it is. At its root, it is an abrogation of the university’s role as trustee of IP in favor of an ownership claim … Continue reading

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Bureaukleptic Innovation Management

I’m giving some thought to “bureaukleptic” innovation management. That’s my word for it. Essentially, this consists in claiming everything one can, and then releasing what one doesn’t want. This approach is favored by folks who don’t have any idea what … Continue reading

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Research Chattels

I’ve been working recently on “research chattels”. These are things created in the course of research that are tangible in some way, and so not real property, but also are not simply the intellectual property. I’ve done some work developing … Continue reading

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