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Author Archives: Gerald Barnett
The NIH’s View of Bayh-Dole Compliance, 3
We are working through NIH guidance on Bayh-Dole reporting requirements. In the process we are making note about how thoroughly NIH misrepresents Bayh-Dole. Sloppy? Indifferent? Does it matter? The next bit is going to be a bother: If it helps, … Continue reading
Posted in Bayh-Dole
Tagged 37 CFR 401.9, Bayh-Dole, NIH
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The NIH’s View of Bayh-Dole Compliance, 2
A while ago, I worked through a slide in an NIH presentation about Bayh-Dole compliance. The conclusion there was that the presentation was sloppy, lacked important details, and misrepresented the Bayh-Dole standard patent rights clause. There are other accounts of … Continue reading
Bayh-Dole Up Your Counsel, 4
We are working through the UpCounsel account of Bayh-Dole. It’s not all terrible. There are some useful points to come. Overall, however, the work here is sloppy, misleading, not what one would expect for a barrel full of part-time legal … Continue reading
Bayh-Dole Up Your Counsel, 3
I won’t belabor the problems in the next section of UpCounsel’s account of Bayh-Dole. The major provisions of Bayh-Dole are 1) a public covenant that runs with patent property rights on inventions arising in federally supported research or development–and specifically … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, march-in, small business
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Bayh-Dole Up Your Counsel, 2
This is UpCounsel’s 11 minute Q & A on the Bayh-Dole Act. We are working through it, Mystery Science Fiction Theatre 3000 style. Are you Joel? Am I Tom Servo? And who is the mad Dr. Forrester who keeps making … Continue reading
Has NIST finally created a foobar standard patent rights clause?
Words in laws ought to mean something. According to Bayh-Dole’s standard patent rights clause, the initial contractor must require its employees to make a written agreement to establish the government’s rights in subject inventions. But, but, but . . . … Continue reading
Posted in Bayh-Dole, Stanford v Roche
Tagged assignment, Bayh-Dole, new rule, NIST
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Bayh-Dole Up Your Counsel, 1
A lawyer staffing service and web site, UpCounsel, has a friendly page that offers “everything you need to know” about the Bayh-Dole Act. They promise you can learn what you need with an “11 min read.” I think it’s something … Continue reading
NIST smokes Stanford v Roche, 2
Let’s get simple about the NIST rule change on assignment of subject inventions. This requires logic. I’m sorry about that. I know it’s not the Bayh-Dole way. Supreme Court: Bayh-Dole applies only to subject inventions. A subject invention is an … Continue reading
Posted in Bayh-Dole, Stanford v Roche
Tagged equitable title, NIST, prissy, Stanford v Roche, vesting, written agreement
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The mistaken assumptions of Bayh-Dole, 2
We are working with an article by Sean O’Connor to get at an underlying problem with discussion of Bayh-Dole. O’Connor, a law professor, appears to be working diligently to find a way to “fix” Bayh-Dole so that universities end up … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, Bremer, crap, Latker, NIST, O'Connor, patent rights clause, Stanford v Roche
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The mistaken assumptions of Bayh-Dole, 1
I know this article by Sean O’Connor on the mistaken assumption in Bayh-Dole is six years old and I have discussed this issue previously, but since it is out there on the web, and as far as I know it hasn’t … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), Bayh-Dole, Bremer, Latker, mistaken assumption, patent rights clause
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