Author Archives: Gerald Barnett

The IPA and Wisconsin’s 1969 Patent Policy, 9

The beginning: The IPA and Wisconsin’s 1969 Patent Policy, 1 Research deliverables Bayh-Bole, as it turns out, will be a statute that limits the scope of patent property rights in federally supported inventions, but in such an obtuse way that … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 8

The start of this article is here: The IPA and Wisconsin’s 1969 Patent Policy, 1 More WARF Antitrust: 5-FU WARF encountered multiple antitrust problems. Consider this account from Cronon and Jenkins: This is pre-Bayh-Dole, of course, but also pre-revived IPA, and … Continue reading

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Bayh-Dole’s Fair Licensing Requirements

Hahahaha! There aren’t any fair licensing requirements in Bayh-Dole. Let’s go looking. Bayh-Dole does a number of things: (1) Bayh-Dole defines a new category of patentable invention, called a “subject invention” and establishes in federal patent law a policy statement … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 7

The start of this article is here: The IPA and Wisconsin’s 1969 Patent Policy, 1 WARF’s Charter and Antitrust WARF’s charter was designed to prevent the University of Wisconsin from using its money for non-scientific research–social sciences, humanities, and the … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 6

The first installment of this article is here: The IPA and Wisconsin’s 1969 Patent Policy, 1 WARF’s Design In 1999, Edmund Cronon and John Jenkins included a chapter on the Wisconsin Alumni Research Foundation in their history of the University of … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 5

Start here: The IPA and Wisconsin’s 1969 Patent Policy, 1 The new 1969 Wisconsin patent policy broadens the scope of the university’s interest in patents yet further: Here is the Wisconsin IPA definition of “subject invention”: Both elements are essential … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 4

This article starts here: The IPA and Wisconsin’s 1969 Patent Policy, 1 One might see how, if university administrators believe that they have become, for invention purposes, the federal sponsor of the research, that they could also come to believe … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 3

This article starts here: The IPA and Wisconsin’s 1969 Patent Policy, 1 In most cases, a principal investigator will know immediately whether an invention or discovery is within scope of a well drafted research agreement–is this invention something that was … Continue reading

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The IPA and Wisconsin’s 1969 Patent Policy, 2

This article starts here: The IPA and Wisconsin’s 1969 Patent Policy, 1 In the new 1969 Wisconsin patent policy, we encounter a corporate agent and the passive voice: “it has become necessary for the University to scrutinize with care the … Continue reading

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More Fakographic Comment

APLU and AAU published an infographic about university research and technology transfer. Technology transfer, the infographic claims, “transforms society” and the infographic will show us how. The “driver” of this transformation, we are told, is institutional licensing of patents based on inventions … Continue reading

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