Author Archives: Gerald Barnett

NIST’s Explanation of the Addition of an Assignment Requirement

Posted on December 21, 2018 by Gerald Barnett

NIST added an assignment requirement to the standard patent rights clause authorized by Bayh-Dole. There’s no authority in Bayh-Dole, however, for an assignment requirement. The Supreme Court in Stanford v Roche made clear that Bayh-Dole does not vest ownership, does … Continue reading →

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NIST does not understand the government license in Bayh-Dole

Posted on December 18, 2018 by Gerald Barnett

NIST has issued a draft green paper that consolidates all the fake history, pseudo data as fact, misrepresentations of Bayh-Dole, and misconceived proposals all in one convenient place. I can’t hope to catch everything, but let’s take a look at … Continue reading →

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NIST’s “substantially fueled” premise for unleashing innovation

Posted on December 14, 2018 by Gerald Barnett

Here is a claim from the opening of a recent NIST report–1234–on “Unleashing American Innovation,” a “draft green paper”: The U.S. innovation system is substantially fueled by the discoveries and inventions arising from federally funded R&D at the Nation’s universities, … Continue reading →

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Nine Points to Consider (with regard to AUTM’s licensing survey), 8-9

Posted on December 13, 2018 by Gerald Barnett

We are considering nine points with regard to AUTM’s annual licensing survey. We have got through seven points–not validated and with estimates, duplicate reporting, conflating technology and invention, activity measures giving the illusion of a process at work, no reporting … Continue reading →

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Nine Points to Consider (with regard to AUTM’s licensing survey), 1-7

Posted on December 12, 2018 by Gerald Barnett

The Association of University Technology Managers, a front group for university licensing professionals, conducts an annual survey of the universities that its members work for. The survey asks for various metrics regarding inventions, patenting, licensing, startups, and revenue. The survey … Continue reading →

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Nine Points to Consider (with regard to Bayh-Dole)

Posted on December 10, 2018 by Gerald Barnett

No matter how one takes apart the assertions of the advocates for the Bayh-Dole Act, they just keep coming back, like some obsessive combatant out of Road Warrior. In the articles here at Research Enterprise, I have documented and reasoned … Continue reading →

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In re King, 1

Posted on December 6, 2018 by Gerald Barnett

President Truman’s Executive Order 10096  in 1950 established the rules under which the executive branch should claim rights to inventions made by federal employees. The implementing regulations for Executive Order 10096 give guidance with regard to the definition of “made.” Here’s … Continue reading →

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On advocative fakery of Bayh-Dole

Posted on December 4, 2018 by Gerald Barnett

Advocates of Bayh-Dole tell a fake history. They say that before Bayh-Dole, the federal government owned all inventions made with federal support. They say that Bayh-Dole gave universities the right to take ownership of inventions made with federal support. They … Continue reading →

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Nixon’s Need and Encouragement

Posted on December 3, 2018 by Gerald Barnett

In a series of articles we have dealt with the monopoly meme. The monopoly meme argues that the true purpose of patents is the corporate right to exclude all others from practicing an invention. Without this right of exclusion, so … Continue reading →

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15 USC 2218(d)

Posted on November 23, 2018 by Gerald Barnett

[updated to make clear 15 USC 2218(d) is specific to fire prevention and control legislation] A federal statute passed in 1974 establishes a federal policy with regard to inventions made with federal support–15 USC 2218(d), part of a fire safety … Continue reading →

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