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Author Archives: Gerald Barnett
Thanksgiving 2018
It’s Thanksgiving here in the United States. It’s a good time to give thanks to (and for!) all the people who come up with things new and intriguing–whether by accident or design, whether directed or random, whether paid or free, … Continue reading
“Government” rights in federally supported inventions, 2
We might ask, then, what happens if a contractor does not acquire ownership of an invention made in the performance of work under a federal funding agreement. The answer is that the Nixon patent policy as revised remains in effect, … Continue reading
Posted in Bayh-Dole, Policy
Tagged Bayh-Dole, contractor, slop, subject invention
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“Government” rights in federally supported inventions, 1
Bayh-Dole requires federal agencies to use a patent rights clause that includes a provision under which contractors who obtain ownership of a patentable invention made in the performance of work under a federal funding agreement and elect to retain that … Continue reading
Posted in Bayh-Dole, History, Policy, Stanford v Roche
Tagged Bayh-Dole, government license, inherent government function, patent rights clause, slop
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Does Bayh-Dole Require a Written Assignment?
Does Bayh-Dole require a written assignment? No. But Bayh-Dole is screwy. I’ll elaborate. Look all you want, there’s no assignment requirement in Bayh-Dole. Heck, the Supreme Court looked for an assignment requirement and couldn’t find it. Here’s how the majority … Continue reading
Posted in Bayh-Dole
Tagged 35 USC 202(a), 37 CFR 401.9, assignment, Bayh-Dole
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University policy beyond higher purposes and loopholes
The University of California Standards of Ethical Conduct (Regents Policy 1111) states that individuals must set aside their own ethical judgment and comply with institutional policy, conform to institutional roles: Each situation needs to be examined in accordance with the … Continue reading
Posted in Fun
Tagged free play, higher purpose, loophole, reflexive policy
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Why do we have Norman Latker’s fantasy rather than Vannevar Bush’s fantasy?
There’s a number of people out blaming Bayh-Dole for high drug prices. There’s plenty to blame Bayh-Dole for–it’s an ugly law with a dismal track record. And there are ways that Bayh-Dole can be implicated in high drug prices, but … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, bureaucratic brain, loony, sucks, Vannevar Bush
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UW Continues to Ride Fake Startup Metrics
From 2008 to 2015, the University of Washington faked its startup metrics and won itself awards and reputation for its entrepreneurial and innovative chops. (See articles discussing UW fakery here and here and here.) Senior UW administrators concocted a story … Continue reading
Posted in Bozonet, Metrics
Tagged fake metrics, falsus, fools, innovation, UW
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28,000 federal patents and the monopoly meme went into a bar, 4
In 1980, in introducing S. 414, Senator Dole repeats the 28,000 patents meme: Now, however, it’s 5 percent, not 4 percent, and it’s not inventions licensed but rather inventions used. It’s a wonderful bit of bluffery. There’s nothing in Forman’s … Continue reading
Posted in Bayh-Dole
Tagged basic science, Bayh-Dole, bluff, Dole, investment, Vannever Bush
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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 3
A careful read of Bayh-Dole and its omission of the patent agreement requirement argues not only did Bayh-Dole reverse the “presumption” of federal ownership of inventions made under contract but also repudiated the federal requirement that contractors own inventions so … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, FPR, SPRC, work of clowns
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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 2
We are looking at how Bayh-Dole botches invention ownership. Where the Federal Procurement Regulations implemented in 1975 were clear, Bayh-Dole in 1980 is muddy. The FPR approach is simple: contractors must have patent agreements that ensure that contractors will be … Continue reading