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Author Archives: Gerald Barnett
Bayh-Dole Secrecy, Part 8
I guess this ends up being a little book on Bayh-Dole and secrecy. Perhaps I should have titled it “Reasons Why Bayh-Dole Should Not Be Repealed” and made it blank, but for section headings. Then it might be a best … Continue reading
Posted in Bayh-Dole
Tagged 209(d), Comptroller General, secrecy
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Circumventing Bayh-Dole, Bonus Fitt
[updated to expand on the limits on government-side licensing once the (e) exploit is in operation–5/19/17 added account of antecedent of provisions (e), (f), and (g) in the FPR 10/6/19] There is one more circumvention in Bayh-Dole that can be … Continue reading
Posted in Bayh-Dole, Technology Transfer
Tagged 401.14, Bayh-Dole, exploit
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Circumventing Bayh-Dole, Fitt the Fourth
We have been discussing contractor-side practices to circumvent Bayh-Dole. We can finish with yet another: 4) circumvention by regulatory procedure, by which federal agencies may reduce the attraction of contractor-side exploits that don’t end up serving the public interest. Circumvention by Regulatory … Continue reading
Circumventing Bayh-Dole, Fitt the Third
We have been discussing circumventions of Bayh-Dole. The first set of circumventions are decidedly un-legal but universities do them anyway. Those of the second set, done with attention to detail, are allowed by Bayh-Dole and free university patent licensing practice … Continue reading
Posted in Bayh-Dole
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Circumventing Bayh-Dole, Fitt the Second
Circumventing Bayh-Dole is easy. University administrators have been circumventing Bayh-Dole since the law became effective in 1981. Consider next 2) circumvention by exploit–to use Bayh-Dole’s limitations to end up with the best deal under Bayh-Dole and avoid public covenant requirements. … Continue reading
Circumventing Bayh-Dole, Fitt the First
Circumventing Bayh-Dole is easy. University administrators have been circumventing Bayh-Dole since the law became effective in 1981. Let’s look at three sorts of circumvention: 1) circumvention for non-compliant convenience–to make Bayh-Dole do even better what people claim Bayh-Dole was intended … Continue reading
Bayh-Dole Secrecy, Part 7
The story so far: Bayh-Dole’s secrecy provision regarding reports of invention use was changed in 1984 to make it appear that federal agencies had no discretion in the matter, and that they “shall” treat all information in invention use reports … Continue reading
Bayh-Dole Secrecy, Part 6
Bayh-Dole makes information regarding the use of subject inventions a government secret. It does this in a roundabout way by requiring federal agencies to treat those reports as confidential and as the sort of information that is exempt from FOIA … Continue reading
The Bayh-Dole government license (and Grinches)
The federal government has five methods to deal with the exploitation of federally supported inventions. Let’s list them and make a few points, ending with a discussion on the value of the government’s license to “practice and have practiced” subject … Continue reading
Posted in Bayh-Dole
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Exclusive License and Assignment
I have discussed in a number of articles the issue of exclusive license and assignment for inventions. The distinction matters under Bayh-Dole because Bayh-Dole’s standard patent rights clause (37 CFR 401.14(a)(k)(1)) forbids nonprofit contractors from assigning subject inventions other than to … Continue reading
Posted in Agreements, Bayh-Dole, IP
Tagged (k)(1), assignment, Bayh-Dole, exclusive license
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