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Author Archives: Gerald Barnett
Assignment of subject inventions, not assignment of patents
Let’s make something really clear about inventions and patents. Courts have repeatedly held that an assignment of an invention is made when all substantial rights in an invention are conveyed, whether by assignment or exclusive license. The rights to make, … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, exclusive license, subject invention
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Even the $100K/yr drugs don’t much work
Advocates for Bayh-Dole make a great deal over the number of drugs that involve university patents that have been approved since the passage of the Bayh-Dole Act. One of their measures is the number of drugs that have been developed. … Continue reading
Taking Apart APLU’s Talking Points on Bayh-Dole, 4
One more bit about Bayh-Dole in the APLU Talking Points: Before 1980, fewer than 250 patents were issued to U.S. universities annually; discoveries were rarely commercialized for the public’s benefit. By contrast, according to a recent survey by the Association … Continue reading
Taking Apart APLU’s Talking Points on Bayh-Dole, 3
We are working through APLU’s Talking Points on the cash cows of Bayh-Dole, commercialization, entrepreneurship and whatever else the federal government can be induced to fund. The APLU Talking Points turn next to what the federal government should do to … Continue reading
Taking Apart APLU’s Talking Points on Bayh-Dole, 2
We are working through APLU’s Talking Points on the cash cows of Bayh-Dole, commercialization, entrepreneurship and whatever else the federal government can be induced to fund. We reach a talking point in bold. It must be more important than the … Continue reading
Taking Apart APLU’s Talking Points on Bayh-Dole, 1
The APLU has published a set of talking points about a bunch of things (original spelling retained): TALKING POINTS: UNIVERISTY TECHNOLOGY COMMERCIALIZATION, FEDERAL RESEARCH FUNDING, THE BAYH-DOLE ACT, AND FEDERAL SUPPORT FOR ENTREPRENURSHIP/GAP FUNDING PROGRAMS Let’s call them “cash cows” … Continue reading
Bogus intended incentives of the patent system
Here is an article espousing the virtues of the Bayh-Dole Act: “Shooting Ourselves in the Foot” by Joe Allen, posted by the University of Rochester’s Office of Technology Transfer with a head note about how terrible it would be to … Continue reading
The Bayh-Dole implications of “big” projects created by university policies and practices
In the usual depictions of the Bayh-Dole Act, the emphasis gets put on university ownership of inventions made with federal support. What is not pointed out is that Bayh-Dole not only allows (but does not require) such ownership, but makes … Continue reading
Posted in Agreements, Bayh-Dole, Policy, Projects
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Let me come in again. Three ways an invention meets the definition of “subject invention.”
Here are the three basic ways to make an invention made with federal support meet the definition of “subject invention.” I said there were two ways when there were really three, but hey, this is the advanced course. Accept assignment … Continue reading
Posted in Bayh-Dole
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Continued Employment as Consideration
Here is a nice article that worries whether continued employment is sufficient to create an enforceable obligation to assign inventions to an employer: “Is Continued Employment Enough to Uphold Invention Assignment Agreements?” The brief answer is, yes. Add the qualifications: … Continue reading
Posted in Freedom, Innovation
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