Author Archives: Gerald Barnett

The use of the patent system for federal research results, 3: FSA 110-1 and public interest

Federal policy on inventions made in federally supported research starts in a big way with Federal Security Agency Order 110-1, dated December 30, 1952. Norman Latker, patent counsel for the NIH, in 1978 testimony before Senator Nelson’s subcommittee, identified Order … Continue reading

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The use of the patent system for federal research results, 2: Why universities patent

For an account that covers reasonably well the context for universities getting involved in patenting, see Elizabeth Popp Berman’s 2006 paper “Why Do Universities Patent? The Role of the Federal Government in Creating Modern Technology Transfer Practice” (draft here). What … Continue reading

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The use of the patent system for federal research results, 1: Dubilier

It starts with Dubilier. In 1933, the Supreme Court decided in Dubilier that federal employees, just because they were employed, did not give up their personal–Constitutional–rights in inventions that they made. Considering the possible differences between private employment and federal … Continue reading

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Goodyear and use of a gateway patent to control a big Invention

In Medical Monopoly Joseph Gabriel describes how Charles Goodyear used patents to lock out competitors from using his process for “vulcanizing” rubber without a license. We will use Gabriel’s account to consider alternatives to the prevailing university narrative about how … Continue reading

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Status Update

If you are looking for new posts, you have just a bit longer to wait. Life pulls many ways! But I’ve got a number of articles drafted and more planned. When things settle down, I’ll have more time. Then things … Continue reading

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Funnel vision and university default exclusive licensing

Much of the current, dominant narrative about patents at universities depends on looking isolating single inventions at a single institution with a single profile for use. “Inventions,” so this narrative go, will not be used or developed unless for each … Continue reading

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Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk, 3

Norman Latker, formerly patent counsel at the NIH and chief architect of Bayh-Dole and its extension by Presidential memorandum to all federal contracting, argues that if federal inventions are not privately owned and exploited for their exclusionary and financial value, … Continue reading

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Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk, 2

Let’s return to Norman Latker’s talk from 1984, “Federal Initiatives for Innovation.” Keep in mind, Latker drafted the IPA master agreement, the Bayh-Dole Act, Reagan’s 1983 memorandum that displaced the Kennedy and Nixon patent policies, the 1984 amendments to Bayh-Dole … Continue reading

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Senator Nelson on the problem of “public interest” in federal patent policy, 2

The federal public policy for inventions made in federally funded work then becomes “whatever the contractor that hosts the work chooses to do, so long as the contractor files a patent application.” In Bayh-Dole, there’s no federal review of a … Continue reading

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Senator Nelson on the problem of “public interest” in federal patent policy, 1

The “public interest” plays an important role in federal invention policy. In 1963, President Kennedy announced a policy that permitted nonprofit organizations to request to retain title to inventions made in federally funded work, providing that Where the commercial interests … Continue reading

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