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Author Archives: Gerald Barnett
University breach of Bayh-Dole’s standard patent rights clause
Let’s get at the consequence of two non-Bayh-Dole provisions injected into the standard patent rights clause stipulated by Bayh-Dole: the (f)(2) written agreement requirement and the (g)(1) requirements on subcontracts. In particular, let’s look at what happens when a university … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, subcontract, subject invention, written agreement
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A non-compliant Bayh-Dole written agreement at Yale-5
We are working through Yale’s “Patent Policy Acknowledgement & Agreement.” We have been looking at Paragraph 6 of the Yale patent policy to try to make sense of what inventions Yale really does assert an interest in. Paragraph 6 demands … Continue reading
Posted in Agreements, Bayh-Dole, Policy
Tagged Bayh-Dole, patent policy, servility, Yale
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A non-compliant Bayh-Dole written agreement at Yale-4
We are working through Yale’s “Patent Policy Acknowledgement & Agreement.” Most recently we borked about employment and faculty freedom. Now let’s look at how the agreement deals with consulting. It tries to worry the problem of conflicting obligations–Yale doesn’t want … Continue reading
Posted in Agreements, Bayh-Dole, Policy
Tagged Bayh-Dole, consulting, patent policy, Stanford v Roche, Yale
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A non-compliant Bayh-Dole written agreement at Yale-3
We are working through Yale’s “Patent Policy Acknowledgement & Agreement.” The agreement requires personnel signing it to “abide” by Yale’s patent policy, as if that patent policy does not apply but for this agreement. That’s a bit odd. Even odder, … Continue reading
Posted in Agreements, Bayh-Dole, Policy
Tagged Bayh-Dole, patent policy, Yale
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A non-compliant Bayh-Dole written agreement at Yale-2
Now let’s look at a “Patent Policy Acknowledgement & Agreement” from Yale University. Here it is: Yale’s web site asserts that this agreement is required “for grant and patent compliance.” That’s a strange combination–grant and patent. One might think grant … Continue reading
Posted in Agreements, Bayh-Dole, Policy
Tagged agreement, Bayh-Dole, patent policy, Yale
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A non-compliant Bayh-Dole written agreement at Yale-1
Bayh-Dole’s standard patent rights clause introduces a requirement not in Bayh-Dole. 37 CFR 401.14(f)(2) requires contractors to require their employees, other than clerical and non-technical employees, to make a written agreement to protect the government’s interest in subject inventions: The … Continue reading
Posted in Agreements, Bayh-Dole, Policy, Present Assignment
Tagged Bayh-Dole, written agreement, Yale
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3 More Oddities of 35 USC 210
We are working through oddities of Bayh-Dole’s assertion of precedence over other Acts. 11. Consider some possible variations on 35 USC 210’s treatment of precedence. Here’s the present text of the start of 210(a) again: This chapter shall take precedence … Continue reading
Posted in Bayh-Dole
Tagged 28 USC 1498, 35 USC 210, Bayh-Dole, patent rights clause
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10 Oddities of 35 USC 210
The Bayh-Dole Act does not repeal prior law with regard to inventions arising from federally supported research or development. Instead, it selectively preempts statutes (with some exceptions). Here is the start of 35 USC 210(a): This chapter shall take precedence … Continue reading
Posted in Bayh-Dole
Tagged 28 USC 1498, Bayh-Dole, precedence, subject invention
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Bayh-Dole government-wide licenses
In a Twitter thread in which Jennifer Gunter argues that “Americans should not be bankrolling the pharmaceutical industry,” Steven Martin tweets Let’s work this through. There is no need to revise Bayh-Dole for state and municipal governments to authorize the … Continue reading
Posted in Bayh-Dole, high priced drugs
Tagged Bayh-Dole, government license, government-wide license, nonprofit patent rights clause
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Reagan’s Bayh-Dole cluster bungle
In 1987, President Reagan signed an executive order (12591) that aimed to legitimize his 1983 memorandum that instructed heads of executive branch departments and agencies to “promote the commercialization . . . of patentable results of federally funded research by … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, cluster, Stanford v Roche
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