Author Archives: Gerald Barnett

AUTM’s invitation to delude yourself, 3

To show how clueless the universities have been about Bayh-Dole–look at this finding from the GAO’s 1998 report on university administration of Bayh-Dole inventions: The policies varied among the universities in connection with how they determined whether the invention was … Continue reading

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AUTM’s invitation to delude yourself, 2

Watch this sleight of hand by AUTM, a world leader in cheating with Bayh-Dole. First, a total non sequitur: The Bayh-Dole Act is good for our national economy and also good for state and local economies. The majority of startup … Continue reading

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AUTM’s invitation to delude yourself, 1

Here’s AUTM’s “Talking Points” on Bayh-Dole. Let’s read the first paragraph together. The Bayh-Dole Act: It’s Working Actually, there’s no evidence that Bayh-Dole is working because (1) Bayh-Dole makes the evidence a federal secret; (2) universities don’t release the evidence … Continue reading

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The “fix” in Bayh-Dole

People worry at times that there is a “gap” or “flaw” in Bayh-Dole. They see the problem to be that Bayh-Dole doesn’t out and decree that all inventions made with federal support are owned (or to be owned) by the … Continue reading

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When experts cheat at Bayh-Dole, bonus

It is almost impossible to detect when experts cheat. In the Tale of the Ring of Gyges, in Plato’s Republic, a shepherd finds a magic ring that makes him invisible. He then launches himself on a crime spree and ends … Continue reading

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When experts cheat at Bayh-Dole

In the classic guide to cheating at cards, The Expert at the Card Table, the point gets made that an expert cheater can cheat regardless of the watchfulness of anyone who expects him or her to cheat. An expert cheat … Continue reading

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Perhaps Riding on Hiccups

People ask, “So if Bayh-Dole isn’t the best possible solution for federally supported inventions, what is?” There are variations–“How can we improve technology transfer under Bayh-Dole?” Or, more of an assertion–“There’s no point in criticizing Bayh-Dole if you don’t have … Continue reading

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Bayh-Dole, without the useless fluffery of public protections

The public protection apparatus in Bayh-Dole appears to be there just for show, to “reassure” the public that everything will be fine with contractors owning inventions made in projects receiving public money and the government granting exclusive licenses to its … Continue reading

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The dogs in the manger, 2

We are working through some testimony from 1979 by a federal patent attorney, R. Tenney Johnson, before a Senate subcommittee considering a federal government invention policy bill that was a rival to Bayh-Dole (and strikingly similar, and didn’t pass). Johnson … Continue reading

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The dogs in the manger, 1

In 1979, R. Tenney Johnson, a career federal attorney, testified before the Senate Subcommittee on Science, Technology, and Space on Senate bill S. 1215, the “Science and Technology Research Development Utilization Policy Act.” This was the bill that was competing with … Continue reading

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