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Author Archives: Gerald Barnett
The loss of public information in Bayh-Dole’s allocation of principal rights, 1
Under the Kennedy and then Nixon executive branch patent policies, contractors engaged in federally supported research or development–and which did not meet the ordinary conditions under which a contractor was allowed to retain ownership of inventions made with federal support–could … Continue reading
Bayh-Dole and Clauses for domestic contracts, 1-9.107-6
Here’s Bayh-Dole’s definition of “subject invention”: The term “subject invention” means any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement: Provided, That in the case of a variety of plant, … Continue reading
Posted in Bayh-Dole, History
Tagged Bayh-Dole, policy, subject invention
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Merry Christmas!
Jane Jacobs observed that the purpose of economic life is us. Perhaps that goes as well for holidays–set aside for a moment the organized religion element, if you would–the purpose of Christmas, in a large sense, is us. The purpose … Continue reading
Posted in Innovation, Social Science
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Ten Points Regarding Bayh-Dole and Its Fantasizers
Here’s some things to consider about Bayh-Dole and university patent administration: 1. Bayh-Dole is part of federal patent law. Bayh-Dole defines a new category of patentable invention, the subject invention. Bayh-Dole defines a public covenant for subject inventions that runs … Continue reading
Posted in Bayh-Dole
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Thinking about projects, small and big–8
Here’s the rub for “the work” that necessarily includes “commercialization.” Any license or assignment of an invention made in “the work” draws that licensee or assignee into “the work.” That licensee, to the extent that commercialization is a requirement of … Continue reading
Posted in Bayh-Dole, Commons, Freedom, Projects, Sponsored Research
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Thinking about projects, small and big–7
What have we got to by musing on research projects at universities? First, that a sponsor may support a big project by providing support to a small project that is a component of that big project. The sponsor who does … Continue reading
Posted in Bayh-Dole, Commons, Freedom, Projects, Sponsored Research
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More Contempt of the Supreme Court at the NIH
Here is more misrepresentation of Bayh-Dole from the NIH, the creator of Bayh-Dole, purporting to be advice for inventors: Under the Bayh-Dole Act, your institution as the grant recipient owns rights to the NIH-funded invention and has the right and obligation … Continue reading
Posted in Bayh-Dole, Bozonet, Technology Transfer
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University Confusion Over Bayh-Dole and Copyright, 2
We are working through a recent article posted at Emory University’s technology transfer site [since thankfully removed]. The article claimed that Bayh-Dole has something to do with copyrights and data, asserted that the reporting requirements are complicated, and then fussed … Continue reading
Posted in Bayh-Dole, Bozonet, Sponsored Research
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University Confusion Over Bayh-Dole and Copyright, 1
[This article comments on an article at Emory University’s technology transfer office’s web site. The article has finally been removed, so I have in turn removed some identifying elements. I’m keeping this article up, however, for the discussion of Bayh-Dole … Continue reading
Thinking about projects, small and big–6
We have looked at projects. Small projects can be pieces of bigger projects. It’s the big project that controls. Now let’s look at inventions, small and greater. We will see roughly the same thing: the idea of “invention” can be … Continue reading