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Author Archives: Gerald Barnett
The AUTM CEOs Speech, Fitt 2
We are working through a speech that the CEO of the Association of University Technology Managers gave at a recent symposium sponsored by NIST with the dubious title “Unleashing American Innovation.” Our CEO has made pompous claims about his organization … Continue reading
The AUTM CEOs Speech, Fitt 1
As part of NIST’s recent symposium on “unleashing American innovation,” the CEO of the Association of University Technology Managers (AUTM) read a talk. Let’s work through his talk and see what we can learn. I have made a transcript so … Continue reading
A law firm opines about a NIST rule, and I opine about the opining
A law firm gives an overview of the new NIST regulations for Bayh-Dole. It leads with fake history. Not a good sign. First enacted in 1980, the Bayh-Dole Act (as amended, the “Act”) for the first time permitted research institutions … Continue reading
Best practices in university invention management, 10
We have reached the last installment of our work with the ipHandbook’s model invention assignment agreement. We started this journey making note of how university patent administrators make things more complicated than they ever need to be. The basic approach … Continue reading
Best practices in university invention management, 9
We are deep into the ipHandbook’s model invention assignment agreement (IAA). We have hit the basic disclosure and assignment clause that depends on a restrictive clause with three parts that together establish the scope of the present assignment. Part (i) … Continue reading
Posted in Agreements, IP, Policy
Tagged botched mess of incompetence, IAA, invention, ownership
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Best practices in university invention management, 8
We are working through the model invention assignment agreement proposed by the ipHandbook as a university “best practice.” Now we get the present assignment: agree to disclose promptly to UNIVERSITY and hereby assign all rights to all inventions, copyrightable materials, … Continue reading
Posted in Agreements, IP, Policy, Present Assignment
Tagged botch, IAA, invention, ownership, present assignment, university
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Best practices in university invention management, 7
Let’s have a look, then, at the invention assignment agreement that ipHandbook recommends that universities should use with their faculty. We start with the “consideration”: In consideration of the sum of One Dollar ($1.00) and: my past, present, and/or future … Continue reading
Posted in Agreements, Policy, Present Assignment
Tagged agreement, assignment, IAA, invention, model agreement
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Best practices in university invention management, 6
We reach the ipHandbook article’s “conclusions.” Suddenly, we return to the land of reason: The principles underlying this policy have evolved from the line of court cases that, in the absence of a written agreement, hold that an invention belongs … Continue reading
Best practices in university invention management, 5
More fun examples from the ipHandbook to demonstrate, ahem, best practices in university ownership of inventions. The visiting scientist. Professor from another university visits and invents. He is compensated through funds from Professor Z’s federal contract. That is, if he … Continue reading
Posted in Agreements, Policy
Tagged (f)(2), faculty, IAA, invention, ipHandbook, ownership, patent rights clause
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Best practices in university invention management, 4
We are working through examples from the ipHandbook‘s advice on best practices for university ownership of inventions. All the examples feature a professor who finds ways to stick it to the university and wise words about how university officials could … Continue reading
Posted in Agreements, IP, Policy
Tagged best practice, faculty, invention, ownership
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