Author Archives: Gerald Barnett

Key Concept 5: Public Covenant

Posted on July 10, 2017 by Gerald Barnett

A Limitation on a Patent Property  A patent public covenant is a restriction or obligation that runs with a patent property, creating requirements not arising otherwise from federal patent law. The expectation of such a covenant is that the restriction … Continue reading →

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“Protecting” university inventions

Posted on July 9, 2017 by Gerald Barnett

I answered a question on Quora a bit ago: How can I protect my invention after applying for a patent? In the context of the question, my answer has to do with what an individual might do to “protect” an invention. … Continue reading →

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The Special Case Keeps Giving

Posted on July 8, 2017 by Gerald Barnett

Here is the special case university research invention. I have expanded it to show the logic. A special case invention is one that cannot be used without “development” and the “development” involves substantial effort at private expense and the “development” … Continue reading →

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What Universities Don’t Report Under Bayh-Dole, But Ought To

Posted on July 7, 2017 by Gerald Barnett

Here’s the reporting requirement in Stevenson-Wydler for federal agencies operating technology transfer programs under Bayh-Dole (35 USC 207, 209). I’ll make some comments in between portions of the text: (A) an explanation of the agency’s technology transfer program for the … Continue reading →

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What should the federal government do with patents it issues to itself? Part 4

Posted on July 6, 2017 by Gerald Barnett

The question of who ought to control inventions made by independent investigators is at the root of Bayh-Dole. Without federal funding, such investigators would give up rights in inventions only according to their own interests. They would be free of … Continue reading →

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What should the federal government do with patents it issues to itself? Part 3

Posted on July 5, 2017 by Gerald Barnett

Here is one of the most provocative parts of Vannevar Bush’s Science the Endless Frontier: Science Is a Proper Concern of Government It has been basic United States policy that Government should foster the opening of new frontiers. It opened … Continue reading →

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AAU Fools with Words, 3

Posted on July 4, 2017 by Gerald Barnett

We are working through the AAU fantasy about invention commercialization. In AAU usage,  to “develop” an invention may mean to “suppress” the invention but also may include to design around an invention–as in, invent what is actually needed to create … Continue reading →

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AAU Fools with Words, 2

Posted on July 3, 2017 by Gerald Barnett

Let’s look then at the AAU statement produced by the task force charged with–if we read the preamble correctly–finding better words to declare that university technology transfer operations are to advance the public interest. AAU starts with fake history: Before … Continue reading →

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AAU Fools with Words, 1

Posted on July 2, 2017 by Gerald Barnett

Recently the Association of American Universities published a fakographic about Bayh-Dole. From the AAU perspective, of course, it was all true stuff, because, well, they believe whatever they are doing is right, so whatever they say about something that’s right … Continue reading →

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The NIH’s View of Bayh-Dole Compliance

Posted on July 1, 2017 by Gerald Barnett

In 2015, Ann Hammersla gave a talk at an NIH Regional Seminar that includes a discussion of Bayh-Dole. There are numerous problems with Hammersla’s treatment of Bayh-Dole, but we’ll leave most of those for the attentive reader to pick through. … Continue reading →

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