Author Archives: Gerald Barnett

The Arizona Commerce Authority Guidance on Bayh-Dole, 3

Posted on July 24, 2019 by Gerald Barnett

We continue with our review of the Arizona Commerce Authority’s account of Bayh-Dole. The ACA has made these points [our comment]: Bayh-Dole is really broad [yes–but its breadth is not just in the scope of what’s patentable, but also in … Continue reading →

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The Arizona Commerce Authority Guidance on Bayh-Dole, 2

Posted on July 23, 2019 by Gerald Barnett

We are working our way through the Arizona Commerce Authority’s unhelpful misguidance to small businesses regarding Bayh-Dole. Our first article worked through the ACA’s fake law and fake history, culminating with its note about Stanford v Roche, a case important … Continue reading →

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The Arizona Commerce Authority Guidance on Bayh-Dole, 1

Posted on July 22, 2019 by Gerald Barnett

Here is the Arizona Commerce Authority providing advice about IP and the Bayh-Dole Act in the SBIR/STTR programs to small businesses. The article was apparently written a decade ago, updated with a note after Stanford v Roche (2011), and apparently … Continue reading →

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More Discussion of “Reasonable Terms” Nonsense

Posted on July 19, 2019 by Gerald Barnett

Or, why certain Bayh-Dole pundits are wrong and how federal march-in might be something that companies might really want! There is absolutely no way that “reasonable terms” as a standard for march-in means “licensing terms” and does not concern “price.” … Continue reading →

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Department of Education Open Licensing and Bayh-Dole Goofiness

Posted on July 18, 2019 by Gerald Barnett

We have looked at fresh worthlessness of Bayh-Dole march-in in the context of Bayh-Dole’s defaults on required background invention licensing when a contractor licenses a foreground subject invention. We noted that 35 USC 202(f) provides for federal agencies to include … Continue reading →

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Contractor Background Rights and March-in

Posted on July 17, 2019 by Gerald Barnett

Bayh-Dole’s march-in provisions (35 USC 203) are worthless. They were designed to be worthless, except for creating a show of public oversight and intervention that allowed Bayh-Dole to get through Congress and be signed into law. Bremer bragged about how … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-9

Posted on June 28, 2019 by Gerald Barnett

We can now–finally–oh gawd this is painful–turn to the place of “reasonable terms” in all of this mess of Bayh-Dole march-in. Simply, Bayh-Dole march in concerns itself with benefits of use available to the public on reasonable terms, not licenses … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-8

Posted on June 26, 2019 by Gerald Barnett

In Bayh-Dole the march-in for health or safety needs is drafted to prevent the government from breaking up private patent monopolies on supported inventions merely because there are health or safety needs. The default public policy in Bayh-Dole is that … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-7

Posted on June 25, 2019 by Gerald Barnett

Now let’s look at Bayh-Dole’s treatment of march-in (35 USC 203(a)) and “reasonable terms”: . . . the Federal agency . . . shall have the right . . . to require the contractor . . . to grant a … Continue reading →

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Bayh-Dole Basics, 8: Reasonable Terms Comments-6

Posted on June 24, 2019 by Gerald Barnett

Now let’s look at the transmogrification of the definition of practical application from Kennedy to Bayh-Dole. In doing so, we also will see how the usage of “reasonable terms” arises, along with Bayh-Dole’s introduction of “reasonably satisfies.” This gets detailed. … Continue reading →

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