Author Archives: Gerald Barnett

Misrepresentations of Bayh-Dole

Posted on July 4, 2018 by Gerald Barnett

The Bayh-Dole Act has been broadly misrepresented by organizations with a vested interest in acquiring inventions to manage, including universities, law firms, university-affiliated foundations, the Association of University Technology Managers, lobbying groups representing the pharma and biotech industries, and various … Continue reading →

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Bayh-Dole Basics 6: enforcement comments

Posted on July 3, 2018 by Gerald Barnett

Bayh-Dole is part of federal patent law. It covers three areas. Public covenant. Bayh-Dole creates a public covenant that runs with inventions arising in federally supported research and development Federal contracting. Bayh-Dole permits nonprofit organizations and small business firms to … Continue reading →

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Bayh-Dole Basics 6: enforcement

Posted on July 2, 2018 by Gerald Barnett

Back in February and March 2018, Research Enterprise published a series on Bayh-Dole basics. Here’s one more entry in that series. As a first approximation, there is no enforcement of Bayh-Dole. Bayh-Dole is a do WTF you want law. University talk … Continue reading →

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Utilization and commercialization in Bayh-Dole

Posted on June 29, 2018 by Gerald Barnett

Bayh-Dole’s stated policy and objective is utilization of inventions arising in federally supported research or development–not specifically commercialization: . . . use the patent system to promote the utilization of inventions arising from federally supported research or development . . … Continue reading →

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Bayh-Dole for university faculty

Posted on June 28, 2018 by Gerald Barnett

Let’s put Bayh-Dole plainly for university faculty. Under federal patent law, inventors own their inventions. Federal patent law does not require inventors to use the patent system. Federal patent law does not require inventors to assign their inventions. Bayh-Dole is … Continue reading →

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Three ways Bayh-Dole advocates abuse their audiences

Posted on June 27, 2018 by Gerald Barnett

Folks who advocate for Bayh-Dole generally abuse their audiences three ways. First, they recite fake history.  Bayh-Dole did not make any great change in ownership of inventions made in projects receiving federal support, especially for universities. Prior to Bayh-Dole, contractors … Continue reading →

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The rule of law

Posted on June 26, 2018 by Gerald Barnett

Let’s look at Bayh-Dole and subject inventions from another angle. Same material as in our last article, developed a bit differently. Nothing in federal patent law requires an inventor to use the patent system. Nothing in federal patent law vests … Continue reading →

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Bayh-Dole applies only to subject inventions

Posted on June 25, 2018 by Gerald Barnett

Bayh-Dole has three parts–a contracting part, a federal licensing part, and a general part. The general part includes 35 USC 200 (statement of policy and objectives), 35 USC 210 (precedence and general requirements), and 35 USC 211 (antitrust). When people … Continue reading →

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The AUTM CEO’s Speech, Fitt 4

Posted on June 22, 2018 by Gerald Barnett

We are about done with the AUTM CEO’s speech at the NIST symposium on “unleasing American innovation.” Yes, it is trash, so we are trashing it. But there’s a purpose here. It’s not just that there is a difference of … Continue reading →

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The AUTM CEOs Speech, Fitt 3

Posted on June 21, 2018 by Gerald Barnett

We are working through a recent talk by the CEO of the Association of University Technology Managers at a symposium hosted by NIST on “unleashing American innovation.” The AUTM CEO now turns to a deeper neurosis that has almost nothing … Continue reading →

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