Author Archives: Gerald Barnett

Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk, 3

Norman Latker, formerly patent counsel at the NIH and chief architect of Bayh-Dole and its extension by Presidential memorandum to all federal contracting, argues that if federal inventions are not privately owned and exploited for their exclusionary and financial value, … Continue reading

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Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk, 2

Let’s return to Norman Latker’s talk from 1984, “Federal Initiatives for Innovation.” Keep in mind, Latker drafted the IPA master agreement, the Bayh-Dole Act, Reagan’s 1983 memorandum that displaced the Kennedy and Nixon patent policies, the 1984 amendments to Bayh-Dole … Continue reading

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Senator Nelson on the problem of “public interest” in federal patent policy, 2

The federal public policy for inventions made in federally funded work then becomes “whatever the contractor that hosts the work chooses to do, so long as the contractor files a patent application.” In Bayh-Dole, there’s no federal review of a … Continue reading

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Senator Nelson on the problem of “public interest” in federal patent policy, 1

The “public interest” plays an important role in federal invention policy. In 1963, President Kennedy announced a policy that permitted nonprofit organizations to request to retain title to inventions made in federally funded work, providing that Where the commercial interests … Continue reading

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Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk

In 1984 Norman Latker, who as NIH patent counsel drafted the Bayh-Dole Act on the sly, gave a talk (“Federal Initiatives For Innovation“) to the American Intellectual Property Association. At the time, Latker worked for the Department of Commerce, and … Continue reading

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Congressional Intent and Bayh-Dole reasonable terms

We have looked at the idea of Congressional intent in the Bayh-Dole Act and contrasted this intent with the claims of enemies of Bayh-Dole who argue that they have secret inside knowledge of the true intent that should govern the … Continue reading

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Congressional Intent and Bayh-Dole’s government license

Some folks who claim to advocate “for” Bayh-Dole, but actually are the law’s worst enemies, argue using the line “Bayh-Dole was never intended . . . .” They leave out the part about who they mean has been doing the … Continue reading

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Another Question on RE: Does a subject invention have to be enabling?

A new question showed up in the RE search queue: “does a subject invention have to be enabling?” How to unwind this one? We can try. Another way to put it might be, “when does something new–an idea, an insight, … Continue reading

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Making Bayh-Dole March-in and Government License Work

There’s a lot of stirrings about using Bayh-Dole’s march-in procedure to address the high price of drugs in the United States. Under march-in, a federal agency has the right to require a federal contractor (or anyone who is an assignee … Continue reading

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The Faculty Stack, 4: Frontiers Science and Other Science

We are working toward the faculty stack. To get there, however, we need context. We started with Vannevar Bush’s problem–how to connect federal resources to the free play of free intellects to expand the frontiers of science. The new awareness … Continue reading

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