Author Archives: Gerald Barnett

After Inventor Virtue

In After Virtue, Alasdair MacIntyre describes “emotivism” as the approach to morals that arose in the debris of the failed Enlightenment effort to find a rational basis for morals. Emotivism asserts that there can be no such rational framework and … Continue reading

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Seaplane as innovation vector

Here’s a film about the age of “flying boat” air service, The Flying Boats. Air mail service provided the entry point to develop the infrastructure that set the stage for the development of commercial passenger service. The Lake Union Virtual … Continue reading

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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 1

Bayh-Dole botches its management of invention ownership. To see how, we need to look at how Bayh-Dole in 1980 changed the Federal Procurement Regulation put in place in 1975. In particular, let’s look at how the definition of subject invention … Continue reading

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A clever misrepresentation at the origin of Bayh-Dole

Let’s see if we can isolate the origin of the Bayh-Dole Act. In about four minutes, you will read the following again: The roots, then, of Bayh-Dole are to be found in a mischaracterization of the Harbridge House report of … Continue reading

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Illusions of Bayh-Dole: “manufactured substantially” 6

Now let’s look at Bayh-Dole’s treatment of federal employees who make inventions. Actually, there’s nothing in Bayh-Dole about it–Bayh-Dole applies only when a federal agency grants licenses to the inventions it owns. When the federal government allows a federal employee … Continue reading

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Illusions of Bayh-Dole: “manufactured substantially” 5

Bayh-Dole’s statement of policy at 35 USC 200 includes a provision calling for the use of the patent system “to promote the commercialization and public availability of inventions made in the United States by United States industry and labor.” Folks … Continue reading

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Wipe Bayh-Dole off the books

When Congress passed Bayh-Dole, they made a giant turd. There is pretty much nothing that someone can say about Bayh-Dole that is positive, true, and substantiated. Bayh-Dole needs to be, ahem, wiped off the books. Between the IPA program and Bayh-Dole, we … Continue reading

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28,000 federal patents and the monopoly meme went into a bar, 3

Howard Forman, a long-time patent attorney in the chemical industry turned federal employee, introduced the 28,000 unused federal patents meme into Bayh-Dole rhetoric in his congressional testimony in 1976. Senator Bayh includes Forman’s meme in his introduction of S. 414, … Continue reading

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28,000 federal patents and the monopoly meme went into a bar, 2

Howard Forman’s 1976 testimony is where the 28,000 patents meme enters what will become the Bayh-Dole rhetoric. Senator Bayh uses Forman’s meme when he introduces S. 414 in 1979: When the Government decides to retain patent rights on these inventions … Continue reading

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28,000 federal patents and the monopoly meme went into a bar, 1

Here’s an important–perhaps the pivotal–instance of the monopoly meme in the history of what will become the Bayh-Dole Act. Synopsis. Howard Forman introduces the meme of 28,000 unused federal patents in his legislative testimony in 1976. Senator Bayh repeats the … Continue reading

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