Author Archives: Gerald Barnett

Does a university own software written by students?

Posted on April 10, 2020 by Gerald Barnett

I just posted to Quora in response to: If I study at a university and I create software in my own time, does the university own the licensing to my software? There’s no good general answer, since things vary by … Continue reading →

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There is no government use license in Bayh-Dole

Posted on April 2, 2020 by Gerald Barnett

I saw another search here at Research Enterprise for “government use license.” There is no government use license in Bayh-Dole. That’s a sloppy myth created by university licensing officers who repeat nonsense. The license in Bayh-Dole (35 USC 202(c)(4)) is … Continue reading →

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Bayh-Dole Government License–9: Recommendations

Posted on March 31, 2020 by Gerald Barnett

Our webinar ends with “Recommendations” for licensing agreements. Given what we have worked through, we are in a good position to assess the strength of these recommendations. Here’s the first recommendation: It’s implied, but never stated, that rights the licensor … Continue reading →

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Bayh-Dole Government License–8: Foreign Licenses

Posted on March 30, 2020 by Gerald Barnett

Okay. I’ve had about enough of this webinar on Bayh-Dole’s government license. It’s not that the advice provided is unexpected–it is entirely conventional wisdom, from the description of the NIST Green Paper on government use rights to how to deal … Continue reading →

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Bayh-Dole Government License–7: Software

Posted on March 29, 2020 by Gerald Barnett

The webinar then turns to government license in the context of software. Here things get confused again. Bayh-Dole states as policy–not merely rationale–that the patent system is to be used to promote the utilization of inventions arising from federally supported … Continue reading →

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Bayh-Dole Government License–6: Patenting Costs and Exclusivity

Posted on March 28, 2020 by Gerald Barnett

We are still following a webinar panel discussion of the government license to practice and have practiced in Bayh-Dole. The discussion gives us an opportunity to see the gulf between Bayh-Dole’s policy and objectives, and the scope of its government … Continue reading →

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Bayh-Dole Government License–5: Impact Beans

Posted on March 27, 2020 by Gerald Barnett

We are working through a recent “webinar” on the Bayh-Dole government license to practice and have practiced. In part, the webinar provides the opportunity to set some things right about Bayh-Dole and to resist the machinations of NIST to try … Continue reading →

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Bayh-Dole Government License–4: Licensing Despite the Government License

Posted on March 26, 2020 by Gerald Barnett

We are working through a recent “webinar” panel discussion on Bayh-Dole’s government license. The panelists get the government license wrong in material ways and then concern themselves with scenarios in which the government license as they represent it appears to … Continue reading →

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Bayh-Dole Government License–3: Sales and Have Made Paths

Posted on March 25, 2020 by Gerald Barnett

We are working through a recent webinar discussion of Bayh-Dole’s government license. First we reviewed the government license–it is “to practice and have practiced.” “Practice” has a long history of meaning “make, use, and sell” in the policy statements from … Continue reading →

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Bayh-Dole Government License–2: Misrepresenting the Government License

Posted on March 24, 2020 by Gerald Barnett

We have been through the Bayh-Dole government license at 35 USC 202(c)(4) and have reviewed its sources in executive branch patent policy from 1963 to 1975. Bayh-Dole was drafted in 1978-79, so the connection to the definitions and usage in … Continue reading →

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