Author Archives: Gerald Barnett

NIAID botches Bayh-Dole

Posted on February 22, 2023 by Gerald Barnett

This will be a bit of a long ride. Buckle up. In 2011, the US Supreme Court ruled in Stanford v Roche that the Bayh-Dole Act does not vest title to inventions made in federally supported work with the nonprofit … Continue reading →

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A university technology transfer annotated reading list

Posted on February 20, 2023 by Gerald Barnett

So you want to tell heaven from hell, blue skies from pain. Got it! Here is a basic reading list of documents that frame the history of university technology transfer. I’ve put it in chronological order and provide links to … Continue reading →

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The Bayh-Dole Public Bargain, 2

Posted on January 20, 2023 by Gerald Barnett

Baked into Bayh-Dole is the policy expectation that a holder of a patent on a subject invention will offer products based on that invention as if there were competition, even if a patent is used to suppress that competition. In … Continue reading →

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The Bayh-Dole Public Bargain, 1

Posted on January 19, 2023 by Gerald Barnett

Bayh-Dole is directed at federal agencies contracting for research or development with small businesses and nonprofits. The law requires agencies to use a default patent rights clause in every funding agreement unless an agency can justify a different clause. The … Continue reading →

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An Open Letter to Senator Warren Regarding Xtandi

Posted on January 16, 2023 by Gerald Barnett

Dear Senator Warren: You have called repeatedly for the federal government to use regulatory tools available to it to address the high prices charged for drugs. Your attention to this matter is much appreciated! I write with specific reference to … Continue reading →

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Smells Like Bayh-Dole Spirit

Posted on January 9, 2023 by Gerald Barnett

Bayh-Dole has two main concerns: contractor patent rights (35 USC 202-204) and federal agency disposition of patents (35 USC 207-209). These two sets of provisions work together in odd but let’s say intended ways. For instance, 35 USC 207(a)(2) authorizes … Continue reading →

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The Bluntly Essence of Bayh-Dole’s Contracting Provisions

Posted on January 8, 2023 by Gerald Barnett

Let’s be super bluntly. The essence of Bayh-Dole’s contracting provisions is: Make new product available promptly, and at a competitive price. That’s it. That’s what all the apparatus and fuss is about, and what federal agencies refuse to recognize or … Continue reading →

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Cornboard, Part 2

Posted on January 5, 2023 by Gerald Barnett

Despite various announcements about possible products and manufacturing, Cornboard Manufacturing appears not to have manufactured much of anything by the time the Illinois patent expired in 2016. Although the company did not “disappear” like Illinois’s first exclusive licensee, it did … Continue reading →

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Cornboard, Part 1

Posted on January 4, 2023 by Gerald Barnett

The Bayh-Dole Coalition, an evidence-free lobbying organization in support of not enforcing Bayh-Dole’s public protections, tweeted today a “success” story: Success Story! @UofIllinois 3 Researchers developed a product known as “CornBoard”, a way to make composite materials from corn to … Continue reading →

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A little expansion on varieties of exclusive license in university tech transfer

Posted on January 3, 2023 by Gerald Barnett

[I’ve added some additional comments, and some light editing for clarity (I hope)] I expanded a discussion of the odd wording of Bayh-Dole’s 35 USC 204, which restricts the US manufacturing requirement to exclusive licenses “to use or to sell” … Continue reading →

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