Author Archives: Gerald Barnett

Best practices in university invention management, 3

We are working through ipHandbook’s discussion of best practices in university ownership of inventions. After a clear discussion of invention ownership–inventors own their inventions unless they have agreed to assign them or it is equitable to find that circumstances imply … Continue reading

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Best practices in university invention management, 2

We are working through an article in the ipHandbook that argues for “best practices” in university ownership of inventions.  The article spends little time discussing how faculty are employed in their research work, nor the other requirements of university policy … Continue reading

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Best practices in university invention management, 1

Things get complicated that don’t have to be complicated when it comes to university ownership of inventions. Administrators make things complicated, then argue for lots of money to pay for the talent to navigate those complications, and then more money … Continue reading

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Bayh-Dole? Nope.

A bill that drastically changed the United States patent system made it through the legislature without substantial debate. Bayh-Dole? Nope. But sure sounds familiar. House Bill 3610 passed during an all-night session of the House without even a committee hearing. … Continue reading

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Unleashing American Innovation

NIST convened a symposium in April 2018 titled “Unleashing American Innovation”: On April 19, 2018, thought leaders from across government, industry and academia gathered in Washington, D.C., to discuss how we can work together to address systemic barriers to catalyze the … Continue reading

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The NIH’s View of Bayh-Dole Compliance, 8

We are working through the NIH’s policy manual on Bayh-Dole. We reach a helpful list. Some of the steps required by the regulation to retain intellectual property rights to subject inventions include: Report all subject inventions to NIH. Make efforts … Continue reading

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The NIH’s View of Bayh-Dole Compliance, 7

We have come full circle through NIH’s garbled version of Bayh-Dole, having been referred by the NIH’s SBIR guidance back to the NIH’s policy manual regarblization of Bayh-Dole in section 8.2.4. Section 8.2 has a bunch of data and research … Continue reading

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The NIH’s View of Bayh-Dole Compliance, 6

Research Enterprise has been examining the NIH’s representation of Bayh-Dole. So far we have seen that the NIH persists in citing a 1995 document that gives “guidance” that the Supreme Court in Stanford v Roche (2011) rejected. But the NIH … Continue reading

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The NIH’s View of Bayh-Dole Compliance, 5

We are working NIH’s not so tasty guidance to participants in its SBIR and STTR programs directed at small businesses. We reach the NIH’s account of the “principal features” of Bayh-Dole, at least with regard to “intellectual property” requirements: Principal … Continue reading

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The NIH’s View of Bayh-Dole Compliance, 4

Here’s the NIH offering an overview of Bayh-Dole for its SBIR and STTR programs. Much of the “information” here appears to be drawn from an NIH Q&A document from 1995. That document, “A ’20-20′ View of Invention Reporting to the … Continue reading

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