Author Archives: Gerald Barnett

If state university patent policy is actually state law . . .

Posted on July 31, 2018 by Gerald Barnett

Over the course of a number of years, Professor Galen Suppes was involved in litigation with the University of Missouri over rights to inventions. Among other things, the University claimed ownership of inventions that Suppes made at another institution before … Continue reading →

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Mapping Bayh-Dole Flow of Control

Posted on July 30, 2018 by Gerald Barnett

I have updated this article from June 24, 2011  in light of the Stanford v Roche decision. In its previous version, the article sets out the idea that a federal agency has a right to claim title to inventions made … Continue reading →

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Only Bayh-Dole and University Research Enterprise, 5

Posted on July 30, 2018 by Gerald Barnett

We are working to explain a complicated scheme to circumvent federal policy and suppress a public discussion of the merits of doing so. Suppression of public discussion is a pretty good sign that the merits are lacking. Lack of evidence … Continue reading →

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Only Bayh-Dole and University Research Enterprise, 4

Posted on July 27, 2018 by Gerald Barnett

Consider, then, this (f)(2) written agreement requirement that’s outside Bayh-Dole but made a condition of federal funding agreements anyway. The (f)(2) requirement is most certainly not a private patent agreement between a university as employer and its faculty inventors. It … Continue reading →

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Only Bayh-Dole and University Research Enterprise, 3

Posted on July 26, 2018 by Gerald Barnett

We are working through Bayh-Dole without the cover of the political bluffery that permitted Bayh-Dole to become national policy. Without the bluffery, Bayh-Dole addresses the same situation addressed previously by the IPA program, which in turn took up the Harbridge … Continue reading →

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Only Bayh-Dole and University Research Enterprise, 2

Posted on July 25, 2018 by Gerald Barnett

We have worked through the claim that Bayh-Dole created a “uniform” federal policy with regard to inventions made in federally supported research or development. Bayh-Dole creates an arbitrary default for federal policy that applies only when a contractor acquires ownership … Continue reading →

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Only Bayh-Dole and University Research Enterprise, 1

Posted on July 24, 2018 by Gerald Barnett

Let’s talk only Bayh-Dole and university research. Companies didn’t need Bayh-Dole for the most part, since executive branch patent policy allowed federal agencies to permit company contractors to keep inventions made under federal contracts when they acquired those inventions. There … Continue reading →

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Another garbled account of Bayh-Dole

Posted on July 23, 2018 by Gerald Barnett

A new article considering Bayh-Dole asks whether it’s time to rewrite Bayh-Dole. That’s a legitimate question to ask. Unfortunately, the article gets wrong much about Bayh-Dole the way it is. But even a garbled article can prompt a discussion that helps … Continue reading →

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AUTM’s invitation to delude yourself, 5

Posted on July 20, 2018 by Gerald Barnett

We turn then to the final claim made by AUTM in its “talking points”–the stuff any advocate of Bayh-Dole ought to be repeating to legislators and faculty and anyone else appearing to lack sufficient self-delusion–that none of the fakery presented … Continue reading →

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AUTM’s invitation to delude yourself, 4

Posted on July 19, 2018 by Gerald Barnett

We are working through an AUTM effort to get readers–and especially people wishing to influence federal policy makers on matters of inventions and patents made in faculty-chosen and led research–to self-delude themselves about Bayh-Dole. AUTM cites a GAO report from … Continue reading →

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