Search the RE article base
Contact Information
Twitter
My TweetsUseful Web Sites
Author Archives: Gerald Barnett
Bayh-Dole’s anti invention-flipping provision for nonprofits, or where’s that $250B?
Let’s look at Bayh-Dole’s anti-invention flipping protection of the public, aimed at nonprofits. Here’s the text, at 35 USC 202(c)(7)(A): In the case of a nonprofit organization, (A) a prohibition upon the assignment of rights to a subject invention in … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, exclusive license, flip
Comments Off on Bayh-Dole’s anti invention-flipping provision for nonprofits, or where’s that $250B?
The use of the patent system for federal research results, 13: The failed middle ground
We’ve looked at the early Federal Security Administration policy on inventions made in federally contracted work–FSA order 110-1, issued in 1952. The government’s policy as set forth in David Lloyd Kreeger’s report for the Attorney General in 1947 was that … Continue reading
Posted in Bayh-Dole, History, Policy, Vannever Bush
Tagged 110, FSA, middle ground, Vannevar Bush
Comments Off on The use of the patent system for federal research results, 13: The failed middle ground
The use of the patent system for federal research results, 12: Never again a Vannevar Bush
We have been working through FSA order 110-1, an early–pretty much the earliest–federal policy on inventions made in federally funded work. Why? The imp of this policy’s approach to inventions, rights, open access, and patent monopoly haunts subsequent policy discussions … Continue reading
Posted in Bayh-Dole
Tagged 110, bureaucracy, choice, constitution, invention
Comments Off on The use of the patent system for federal research results, 12: Never again a Vannevar Bush
Dr. Irene Till, Pharma Monopoly, and the Bayh-Dole Heist
In a recent Twitter post, Prof. Richard R. John at Columbia University (@RrjohnR) asks for suggestions for a bibliography of “scholarship on the history of anti-monopoly since 1945.” One respondent cites Elizabeth Popp Berman “Why Universities Patent” (well, Prof. Berman … Continue reading
What Bayh-Dole has stolen from us
In an article published August 29, 2021 in The Intercept, Alexander Zaitchik describes the passage of the Bayh-Dole Act as “The Great American Science Heist,” with the subtitle “How the Bayh-Dole Act Wrested Public Science From the People’s Hands.” He … Continue reading
Posted in Bayh-Dole, History, Technology Transfer, Vannever Bush
Tagged Bayh-Dole, Rickover, Zaitchik
Comments Off on What Bayh-Dole has stolen from us
The use of the patent system for federal research results, 11: Safeguards that don’t guard
We have been working through Federal Security Agency order 110-1, which in 1952 introduced an agency-wide policy for inventions made in public health research. The core of the policy was to prefer open access for all such inventions, but then … Continue reading
Posted in Bayh-Dole, Policy, Technology Transfer
Tagged development, free rider, safeguard, waste, widest distribution
Comments Off on The use of the patent system for federal research results, 11: Safeguards that don’t guard
The use of the patent system for federal research results, 10: the drivers that eventually produce Bayh-Dole
There’s the version of the theory of patent rights that asserts that exclusionary practice is at the heart of the value of a patent, and any practice that declines to assert a patent wastes that value. This theory of exclusionary … Continue reading
Posted in Bayh-Dole, History, Policy, Technology Transfer
Tagged exclusion, patent, safeguard, technology transfer
Comments Off on The use of the patent system for federal research results, 10: the drivers that eventually produce Bayh-Dole
The use of the patent system for federal research results, 9: Exploiting the FSA policy safeguards
The earliest major federal patent policy, FSA policy 110-1–for public health research, no less–sets up a process by which the head of each “constituent unit” of the FSA is to make a determination in each case whether the use of … Continue reading
Posted in Uncategorized
Tagged 110, adequate, development, flip, FSA, public protections
Comments Off on The use of the patent system for federal research results, 9: Exploiting the FSA policy safeguards
The use of the patent system for federal research results, 8: Exploiting the use of the patent system
FSA policy 110, the first agency attempt at making a policy to deal with inventions made in federally supported public health research, tries to establish a middle ground for the use of patents. While clearly endorsing open access, including royalty-free … Continue reading
Posted in Commons, History, Policy, Sponsored Research, Technology Transfer
Tagged 110, exploit, FSA, middle ground, open access
Comments Off on The use of the patent system for federal research results, 8: Exploiting the use of the patent system
The use of the patent system for federal research results, 7: Failure of FSA 110-1 to establish a middle ground
Let’s look more carefully at this second possibility beyond the possibility of open access–and where the “generally” in FSA 110-1 gets triggered to make at an attempted middle ground between always open access and full-on use of patents to exclude … Continue reading
Posted in History, Patents, Policy, Sponsored Research
Tagged 110, bother, excessive, FSA, middle ground, unreasonable
Comments Off on The use of the patent system for federal research results, 7: Failure of FSA 110-1 to establish a middle ground