Author Archives: Gerald Barnett

The IPA and Wisconsin’s 1969 Patent Policy, 1

Posted on May 15, 2017 by Gerald Barnett

Tucked into Congressional testimony in 1978 on expanding the Institutional Patent Agreement program is the 1969 University of Wisconsin patent policy. This policy is notable for a number of reasons. First, because it is an actual policy statement on patents, where … Continue reading →

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DIY Plus: inventions, claims, and technology transfer

Posted on May 13, 2017 by Gerald Barnett

I will start with a mostly unreadable diagram: This is the rhetorical anatomy of the relationship between an invention and a patent, or a “claimed invention.” It is important to see the difference because people tend to talk about inventions … Continue reading →

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A New Fakographic from APLU and AAU in 10 Exhibits

Posted on May 12, 2017 by Gerald Barnett

A couple of university front organizations, APLU and AAU, have published a two-page infographic that presents a glowing picture of Bayh-Dole and university patent-based commercialization. Titled “How Technology Transfer Transforms Society,” the infographic confidently presents arguments for university commercialization practices. … Continue reading →

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Unpacking COGR’s argument that universities should have “uniform” patent policies

Posted on May 11, 2017 by Gerald Barnett

For fifteen years, Archie Palmer worked to get universities to adopt formal patent and research policies. Palmer’s work ran in parallel with the growth of federal subvention funding for research–the government just gave money to university-hosted research projects, not because … Continue reading →

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Five ways to attack Bayh-Dole corruption, short of repeal

Posted on May 10, 2017 by Gerald Barnett

Powerful interests protect Bayh-Dole. But Bayh-Dole should be repealed. Heck, 23 senators led by Sen. Harrison Schmitt tried to do that the year after Bayh-Dole was passed, to replace Bayh-Dole with a comprehensive law regarding research inventions! But short of … Continue reading →

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Seven Pillars of Bayh-Dole, the Law that Loots the Commons

Posted on May 9, 2017 by Gerald Barnett

I’ve spent more than a few months now focused on Bayh-Dole and its history. It’s worth taking a moment and summarizing some findings. Perhaps this could be the start of a new guide to the Bayh-Dole Act, told from the … Continue reading →

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Notes toward a future FAQ on (f)(2)

Posted on May 8, 2017 by Gerald Barnett

Q. Under Bayh-Dole, if a contractor requires inventors to assign all inventions made with federal support to the contractor, doesn’t that requirement comply with Bayh-Dole?  A. No. Bayh-Dole applies to federal agencies, stipulating how agencies may contract for patent rights … Continue reading →

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The sound and fury of nonprofit assignments of subject inventions

Posted on May 7, 2017 by Gerald Barnett

Over the past few months I have returned the issue of exclusive licenses and assignments in Bayh-Dole. Here’s the operative requirement for nonprofits (35 USC 202(c)(7)(A)): (7) In the case of a nonprofit organization, (A) a prohibition upon the assignment of … Continue reading →

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Going to Eleven on NIST and (f)(2)

Posted on May 6, 2017 by Gerald Barnett

NIST is drafting new rules for the standard patent rights clause authorized by Bayh-Dole. Included in the proposed new provisions is a requirement that contractors require the assignment of inventions to the contractor. This is a bad idea. Besides, it’s … Continue reading →

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Bayh-Dole’s restrictions on Pigpen use of licensing income, V

Posted on May 5, 2017 by Gerald Barnett

Exclusive licensing creates its own complexities, just like the Peanuts character Pigpen brings his own dust storm with him wherever he goes. If inventions are “dedicated” to the public or are licensed non-discriminatorily on standard terms, there’s not so much … Continue reading →

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