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Author Archives: Gerald Barnett
Opportunism
A Quora answer links to a Youtube video about the Battle of Alesia, which took place in 52 BC between the Romans and Gauls. The video examines Julius Caeser’s strategy in defeating a larger army with a better position in … Continue reading
The inefficiencies of Bayh-Dole discussions-1
A common approach to discussions of Bayh-Dole is (1) accept that what is happening is just what people say is happening–the law is working (as people claim), based on a politicized spun history (as people claim), based on a metrics … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, scope, Stanford v Roche, subject invention
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A sense of proportion–5
One can see, then, where Bayh-Dole comes into play in this meaningless mess. Bayh-Dole was drafted by the same folks who created the IPA system. The IPA system was shut down in 1978 as ineffective and contrary to public policy. … Continue reading
Posted in Bayh-Dole, Fun, History, Policy, Sponsored Research, Technology Transfer
Tagged Bayh-Dole, franken law, IPA, Stanford v Roche
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A sense of proportion–4
To lay it out in bullet points, the now dominant university patent-based approach to research inventions defaulting to exclusive licenses: fragments invention platforms with no way to restore them attracts speculative investors while pushing away companies raises barriers to early … Continue reading
Posted in Fun, History, Innovation, Policy, Technology Transfer
Tagged catch-22, invention, patent, protection, technology transfer
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A sense of proportion–3
Prior to federal funding becoming the dominant source of university research funding, most universities operated their invention policies with a review committee that made recommendations to the university president with regard to particular inventions. The volume of invention reporting was … Continue reading
Posted in History, Policy, Sponsored Research, Technology Transfer
Tagged exclusive license, invention, Research Corporation, technnology transfer
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A sense of proportion–2
University administrators have engaged in a thirty-year effort of research invention management that creates patent gridlock for what amounts to a tiny bit of the overall inventive activity in the country. That’s the black border area on this nice blue … Continue reading
Posted in Fun, History, Policy, Sponsored Research
Tagged block fest, invention, IPA, patent, Research Corporation, WARF
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A sense of proportion–1
“If life is going to exist in a universe this size, the one thing it cannot afford to have is a sense of proportion.” —Douglas Adams, Hitchhikers Guide to the Galaxy In the Bayh-Dole era–1981 to the present–the US Patent … Continue reading
Posted in Fun, History, Social Science
Tagged gridlock, patents
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The 100x Model–1 Protection
Bayh-Dole uses “protectable” with respect to inventions 35 USC 201(d). That’s strange. Nothing else in patent law has to do with protecting inventions. What could “protection” have to do with inventions, as a matter of law no less? To get … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, patent, protection
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Univeristy and Exclusive Licensee Exposure to Bayh-Dole Non-Compliance
I’ll try to make this simple. When a university creates a written policy that commits it to attempting to commercialize inventions made with federal support, that policy alters the scope of any proposal the university submits for federal funding. Commercialization … Continue reading
“Protection” of inventions in Bayh-Dole
Twitter thread: Federal patent law uses “protect” with respect to inventions only in Bayh-Dole’s strange definition of invention at 35 USC 201(d): “is or may be patentable or otherwise protectable under this title” What does it mean to “protect” an … Continue reading
Posted in Bayh-Dole, Policy
Tagged Bayh-Dole, invention, public interest, speculation
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