Author Archives: Gerald Barnett

One way Bayh-Dole destroys innovation opportunity in the U.S.

Posted on June 17, 2020 by Gerald Barnett

When Bayh-Dole came into effect in 1981, it had this requirement for subject inventions retained by contractors (35 USC 202(c)(3)) (my bold): (3) A requirement that a contractor electing rights file patent applications within reasonable times and that the Federal … Continue reading →

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Harbridge House on university exclusive licensing, 2

Posted on June 16, 2020 by Gerald Barnett

There’s one more thing raised by the Harbridge House report–the metrics on those patent development firms. Patent applications are filed on approximately 10 to 15 percent of the disclosures submitted and, if present circumstances continue, only one-quarter of these patents … Continue reading →

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Harbridge House on university exclusive licensing, 1

Posted on June 15, 2020 by Gerald Barnett

The Harbridge House report on government patent policy in 1968 laid the foundation for Bayh-Dole. Or, rather, federal officials selectively used portions of the report to change federal policy to conform to the wishes of patent development firms affiliated with … Continue reading →

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Federal agency patent enforcement: Gilead, 3

Posted on June 14, 2020 by Gerald Barnett

If you turn off all logic, then Bayh-Dole is whatever it is. But with logic on, the compelling public interest reason for the federal government to claim inventions made by federal employees (or even by the employees of federal contractors) … Continue reading →

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Federal agency patent enforcement: Gilead, 2

Posted on June 13, 2020 by Gerald Barnett

Now let’s look at how Bayh-Dole deals with federal agency patent dealings with regard to licensing. 35 USC 207 authorizes patent dealing and 35 USC 209 stipulates the conditions under which exclusive licenses may be granted and the terms and … Continue reading →

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Federal agency patent enforcement: Gilead, 1

Posted on June 12, 2020 by Gerald Barnett

Set aside for the moment the standing of a contractor or contractor’s assignee for such stuff. Consider a federal agency. Does a federal agency have standing under Bayh-Dole’s extension of patent law–and especially 35 USC 200 and 207–to seek injunctive … Continue reading →

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Bayh-Dole Nutshell 1: Use it or lose it

Posted on June 11, 2020 by Gerald Barnett

If you don’t achieve practical application in a reasonable time, you lose the right to enforce your patent.  Bayh-Dole’s fundamental policy is that the patent system must be used to promote the utilization of inventions arising from federally supported research … Continue reading →

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Federal agency patent enforcement under Bayh-Dole, 6

Posted on June 11, 2020 by Gerald Barnett

Bayh-Dole devotes two sections to federal disposition of patents, 35 USC 207 and 209. These sections are then codified at 37 CFR 404. There, the regulations limit the scope of Bayh-Dole (37 CFR 404.2): It is the policy and objective … Continue reading →

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Federal agency patent enforcement under Bayh-Dole, 5

Posted on June 10, 2020 by Gerald Barnett

Let’s work through the situation on federal ownership of inventions outside of Bayh-Dole protocols for acquiring inventions from contractors that screw up their patenting of subject inventions. Again, we are looking for any indication that federal agencies, in acquiring patents, … Continue reading →

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More NIH Bayh-Dole Slop

Posted on June 9, 2020 by Gerald Barnett

The NIH cannot get Bayh-Dole right. Or maybe the NIH doesn’t want to get Bayh-Dole right. Here’s an NIH announcement from 2018 about policy changes, “Notice Regarding 2018 Bayh-Dole Act Final Rule – Rights to Federally Funded Inventions and Licensing … Continue reading →

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