Author Archives: Gerald Barnett

When a university and a company love America so much that they produce usable technology and dedicate it to be practiced for any government purpose, 2

Posted on November 8, 2017 by Gerald Barnett

How would one know whether a project is a big project, or a subject invention is a big subject invention, or a commercial product just another instance of that big subject invention, with a full license already granted to the … Continue reading →

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When a university and a company love America so much that they produce usable technology and dedicate it to be practiced for any government purpose, 1

Posted on November 7, 2017 by Gerald Barnett

Bayh-Dole requires federal agencies to require that owners of subject inventions grant to the government a license in those inventions. Sounds easy, and really, it is. But people are fickle and university patent administrators can be more fickler than most, … Continue reading →

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Drift as a city’s economic driver

Posted on November 6, 2017 by Gerald Barnett

Some years ago, Jane Jacobs published a series of books that take up the issue of how cities contribute to regional and national economies. In particular, Jacobs argued that a particular kind of city behavior was crucial for a regional … Continue reading →

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Lower drug development costs than industry reports–shock!

Posted on November 3, 2017 by Gerald Barnett

At the SciScip discussion group notice has been given to an article published in September 2017 in JAMA that has determined the median cost to develop a new cancer drug at $648m, much lower than the pharmaceutical industry reports for … Continue reading →

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Two ways to turn an invention into a subject invention, 2

Posted on November 2, 2017 by Gerald Barnett

The complicated (f)(2) approach Now consider the complicated approach under (f)(2). The university has to somehow compel inventors to assign all inventions to the university, even though (f)(2) requires the university to require inventors to promise to establish the government’s … Continue reading →

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Two ways to turn an invention into a subject invention, 1

Posted on November 1, 2017 by Gerald Barnett

[this article refers to Bayh-Dole’s implementing regulations before NIST’s May 2018 changes–37 CFR 401.14(a) becomes 37 CFR 401.14, and NIST adds a goofball assignment clause under which contractors must require inventors to assign subject inventions–inventions that the contractors already own. … Continue reading →

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“Compliance with Bayh-Dole”

Posted on October 31, 2017 by Gerald Barnett

There are folks out there making money by offering compliance services for Bayh-Dole. At one level, it’s understandable. University administrators make a big deal about compliance. They see a complicated world. Many administrators aren’t prepared to read regulations carefully and … Continue reading →

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There Is No Bayh-Dole Compliance for Universities

Posted on October 30, 2017 by Gerald Barnett

There is no Bayh-Dole compliance for universities. I know. This goes against everything you’ve heard. But really, let’s get real. Five points. Bayh-Dole applies to federal agencies and to the scope of patent property rights, not to universities. Bayh-Dole applies … Continue reading →

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University of Misery’s IP Policy Scam, 17

Posted on October 27, 2017 by Gerald Barnett

We are pretty much through with the University of Missouri’s policy scam. Let’s clean up a few last gobbets of policy ugliness. To review. The University of Missouri’s patent policy provides only two conditions under which the university may claim … Continue reading →

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University of Misery’s IP Policy Scam, 16

Posted on October 26, 2017 by Gerald Barnett

University administrators insist that they, unlike their corporate counterparts, can expand their institutional claim on inventions to be anything that’s invented, and faculty must agree to this claim as a condition of employment. That is, administrators claim the right to … Continue reading →

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