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Author Archives: Gerald Barnett
Bayh-Dole Government License–1: Practice or Have Practiced
NIST published a Green Paper that evidences its confusion with various aspects of Bayh-Dole. One of these areas of confusion involves the government license that Bayh-Dole requires in all federal research contracts, and in particular in the standard patent rights … Continue reading
Posted in Bayh-Dole, Technology Transfer
Tagged Bayh-Dole, government license, NISTwits
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Follow up: What if a university fails to patent under Bayh-Dole?
If a university fails to patent under Bayh-Dole, nothing ever happens. But that’s not even the meaningful answer. Look, even if a university gets a patent on a subject invention–one arising from federally sponsored research or development–there’s absolutely nothing in … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, exclusive license
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Q. What if a university fails to patent under Bayh-Dole? A. Heaven!
Here’s a new query on RE: “What if the university fails to patent under Bayh-Dole?” Answer: Nothing ever happens. Okay, let’s take more time with this question. First, let’s be clear. Under Bayh-Dole, universities have no obligation to use the … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, heaven, nothing ever happens, patent application
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Patents in Space-4
Famiya Masood, a columnist for a Pakistani newspaper, argues in a recent article that government-funded research at universities in Pakistan is not “translating into inventions that can be eventually patented.” Masood seems to believe that this is not a good … Continue reading
Patents in Space-3
We are working through an article by Famiya Masood published March 11, 2020 in The Nation, a Pakistan newspaper. Masood takes up an important issue–how to make Pakistani research supported by the government more productive for things that people are … Continue reading
Posted in Technology Transfer
Tagged Bayh-Dole, patent, research, speculation
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Patents in Space-2
Famiya Masood, a columnist for The Nation, an English-language Pakistani newspaper and law student at Northwestern University, has published an article that argues that Pakistan needs more patents from its government-funded research. Well, perhaps. But she gets Bayh-Dole wrong on … Continue reading
Patents in Space-1
The Nation, an English-language Pakistani newspaper, published an article on March 11 by Famiya Masood, “Patents in Pakistan” that argues the government must create incentives for university inventors. That much is interesting. But Masood builds her argument using Bayh-Dole as … Continue reading
The Key Provisions of Bayh-Dole–Really Edition
I wrote a long article on the key provisions of Bayh-Dole. That’s all fine and good, but none of those provisions get at how Bayh-Dole has to work. Those key provisions are mostly just bureaucratic fluff. Stuff about being able … Continue reading
Posted in Bayh-Dole
Tagged 35 USC 201(b), 35 USC 202(c)(7), Bayh-Dole, key provision
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Would you believe an Air Force hockey puck shooting machine?
Bayh-Dole 40, yet another lobbying front organization to push a fake account of Bayh-Dole, put out a tweet a few days ago: Bayh-Dole’s impact extends beyond just biopharmaceutical innovations. Check out this new invention in the world of sports made … Continue reading
Posted in Bayh-Dole
Tagged 35 USC 209, Bayh-Dole
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A WIPO Economist Gets Bayh-Dole Wrong
Here’s an article by Mario Cervantes, an economist at OECD, “Academic Patenting: How universities and public research organizations are using their intellectual property to boost research and spur innovation start-ups.” Cervantes claims that universities “protecting their inventions” somehow increases their … Continue reading