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Author Archives: Gerald Barnett
Pissed at NIST, short form
Supreme Court: Bayh-Dole applies only to subject inventions. Subject inventions are ones owned by a contractor. Congress did not intend a sea-change in initial invention ownership. Bayh-Dole does not apply to inventions made in projects with federal support until contractors … Continue reading
NIST makes Bayh-Dole a vesting statute
NIST has issued its final rule on Bayh-Dole and disregards the Supreme Court on the ownership of subject inventions. The Supreme Court was clear that Bayh-Dole’s definition of subject invention means that an invention must be “owned by the contractor” to … Continue reading
The Faster Cures FAQ on Bayh-Dole, 4
We are working through the Faster Cures FAQ on Bayh-Dole. 5. What are march-in rights, and what does Bayh-Dole say about them? Has the government ever exercised its march-in rights? Bayh-Dole requires federal agencies to include a right to “march-in” and … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, Faster Cures, march-in, research tools
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The Faster Cures FAQ on Bayh-Dole, 3
We are working through the Faster Cures FAQ on Bayh-Dole. 4. What requirements does Bayh-Dole place on universities? None. Bayh-Dole applies to federal agencies, not to universities. It’s only loose chatter to say that Bayh-Dole requires universities to do anything. … Continue reading
Posted in Bayh-Dole
Tagged 37 CFR 401.14, Bayh-Dole, Faster Cures, patent rights clause
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The Faster Cures FAQ on Bayh-Dole, 2
We are working through the Faster Cures FAQ on Bayh-Dole. 2. What does Bayh-Dole say about the ownership of inventions and technologies? Pursuant to Bayh-Dole, universities and other nonprofit organizations that receive federal funding, may “elect to retain title to … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, invention, patent, Stanford v Roche
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The Faster Cures FAQ on Bayh-Dole, 1
Faster Cures has at its web site a FAQ on Bayh-Dole. Let’s work through their account of Bayh-Dole and help them where they appear challenged. 1. What is the Bayh-Dole Act? Co-sponsored by Senators Birch Bayh of Indiana and Robert … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), Bayh-Dole, Faster Cures, invention, IPA, patent, patent rights clause
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Political bluffing as Bayh-Dole policy advice, 2
This, then, is the “policy” of Bayh-Dole that Allen champions–that nonprofits can and should deal in patent monopolies. Some historical bluffing from Allen’s policy advice (his emphasis): At that time the federal government funded about half of the R&D in … Continue reading
Posted in Bayh-Dole, Bozonet, History
Tagged Bayh-Dole, bluff, incentives, licensing rate
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Political bluffing as Bayh-Dole policy advice, 1
In a once-notorious essay (“Is Business Bluffing Ethical“) Albert Carr, a former presidential advisor, argues that business “bluffing” is ethical because business is based on games, and in games bluffing is perfectly acceptable. Same for politics. If everyone expects everyone … Continue reading
The Basic Policy Question Behind Bayh-Dole
There’s one simple issue: Should the federal government subsidize with public funding for nonprofit research the creation of patent monopolies? There it is. The answer that has dominated for thirty-five years is “Yes.” How comfortable are you with that? Gut-level? … Continue reading
Posted in Bayh-Dole, Bozonet, Policy, Sponsored Research, Technology Transfer
Tagged Bayh-Dole, federal funding, IPA, patent policy, research, scheme
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Institutional patent derangement syndrome
The discussion of university ownership of patents on inventions made in faculty-led research invariably adopts the singular. Consider one invention at one university. Now, doesn’t it make sense that university administrators should take over that invention for the good of … Continue reading
Posted in Bozonet, Policy, Sponsored Research, Technology Transfer
Tagged institutional patent derangement syndrome, inventions, madness, nanotubes, patents
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