Author Archives: Gerald Barnett

Sublicensing in Bayh-Dole

Posted on June 20, 2017 by Gerald Barnett

Let’s look at sublicensing of inventions made with federal support. Here’s the summary: Contractors can distribute rights in subject inventions (even in advance) by assignment, substitution, and subcontracting. (35 USC 201) A contractor can grant sublicenses if it loses title … Continue reading →

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That special special case 6: Bayh-Dole the enabler

Posted on June 19, 2017 by Gerald Barnett

The Benefits of the Special Special Case There’s a good argument that the special special case has put more money into the pharmaceutical industry than would otherwise be there. The chase for such lucrative profits has in turn attracted speculators … Continue reading →

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That special special case 5: From invention to patent to flip

Posted on June 18, 2017 by Gerald Barnett

Patent System and Public Covenants If the patent system is good as it is, and does not require a public covenant to run with inventions made in federally supported research, then why should federal policy endorse the two circumventions of … Continue reading →

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That special special case 4: Making it general

Posted on June 17, 2017 by Gerald Barnett

The special special case was turned into a general case, the only case, the best practice case. According to this new general case, inventions generally require private risk capital to become useful. Institutions must take on the responsibility to find … Continue reading →

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That special special case 3: The Kennedy patent policy

Posted on June 16, 2017 by Gerald Barnett

The special special case arose in the Kennedy patent policy in 1963. Look at the parameters. Here is the premise: A. The government expends large sums for the conduct of research and development which results in a considerable number of … Continue reading →

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That special special case 2: Circumventing the patent system

Posted on June 15, 2017 by Gerald Barnett

Here is the public policy agenda of Bayh-Dole. If one cuts through the apparatus and the happy-talk, Bayh-Dole stipulates that the patent system is to be used to create company monopolies on inventions made with private support, using private patent … Continue reading →

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That special special case 1: A bureaucratic urge

Posted on June 14, 2017 by Gerald Barnett

The special special case is special in a number of ways. That’s what makes it so special. Here’s the base form of the special case: a federally supported invention that: (1) cannot be beneficially used except as a commercial product–DIY … Continue reading →

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UW startups for FY2013 four years later, 2

Posted on June 13, 2017 by Gerald Barnett

Part 1 of this article is here. Now let’s look at ID Genomics, the one company that was actually correctly reported by UW as a FY2013 startup. As of June 2017, IDGenomics is still in operation, reporting 10 employees. According … Continue reading →

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Vice presidents for research beg for Directive 10-289.

Posted on June 12, 2017 by Gerald Barnett

Here’s a bit from the APLU/AAU fakographic on university technology transfer: And here’s a bit from “‘Miracle machine of U.S. innovation is in danger,” a new op/ed by Kelvin Droegemeier and Daniel Reed. Droegemeier is the vice president for research at … Continue reading →

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UW startups for FY2013 four years later, 1

Posted on June 12, 2017 by Gerald Barnett

[Some 2022 updates below.] In 2014, Research Enterprise ran a series of articles on the fake startup metrics at the University of Washington: Only 1 University of Washington Startup for FY 2014 4 Not 17 University of Washington Startups in … Continue reading →

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