Author Archives: Gerald Barnett

A Bayh-Dole FAQ with One Question Only and Multiple Answers

Posted on January 25, 2017 by Gerald Barnett

Q. Has Bayh-Dole been successful? A. Yes! It’s the legacy of important people. How can anyone call it a disaster? To do so is to smirch the reputations of decent people who have done a heroic thing with the best … Continue reading →

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Sooner or later, Oklahoma IP counsel might get it right about inventions

Posted on January 23, 2017 by Gerald Barnett

[expanded to include further discussion of the OU policy claim to inventions] In a talk last fall (archived here), the IP counsel for the University of Oklahoma, presented this slide on the university’s patent policy: It appears to be a … Continue reading →

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Bayh-Dole reduced to its basics [warning: none of this ever happens]

Posted on January 20, 2017 by Gerald Barnett

Bayh-Dole stripped of contingencies, for universities, reduces to this: Use the patent system to promote the practical application of inventions. A federal agency is an agency, department, corporation, or other entity of the federal government. A contractor is any party … Continue reading →

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What happens if a contractor fails to report a subject invention?

Posted on January 19, 2017 by Gerald Barnett

James Love and Knowledge Ecology International have made a request to the Office of the Inspector General at Health & Human Services to examine whether Cold Spring Harbor Laboratory and Isis Pharmaceuticals failed to disclose two inventions as required by … Continue reading →

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Institutional Patent Licensing–One of the least “direct” ways to obtain new technology

Posted on January 18, 2017 by Gerald Barnett

A few weeks ago I was involved in a discussion about how a region might import new technology developed at distant universities. One of the participants, with a background in AUTM-style technology transfer, made the off-hand comment that if we … Continue reading →

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Government and non-government markets and federal government waste under Bayh-Dole

Posted on January 16, 2017 by Gerald Barnett

Bayh-Dole requires that when a contractor retains title to a subject invention, the contractor must grant to the government a non-exclusive license. Here’s Bayh-Dole on that government license (35 USC 202(c)(4)): (4) With respect to any invention in which the … Continue reading →

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Ten Years After 25 Years After Bayh-Dole, Part 8

Posted on January 15, 2017 by Gerald Barnett

While the patent system might give freedom to just any inventor and patent owner, the federal Government is not any ordinary patent owner, but has particular purposes and interests and expectations–and those may be present in federal patent policy, in … Continue reading →

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Ten Years After 25 Years After Bayh-Dole, Part 7

Posted on January 14, 2017 by Gerald Barnett

We are working through Boettiger and Bennett on changes they would like to see in Bayh-Dole practice. Here’s the fourth change: access to patented, publicly funded technologies for humanitarian purposes We now reach a deeply ironic portion of our authors’ … Continue reading →

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Ten Years After 25 Years After Bayh-Dole, Part 6

Posted on January 13, 2017 by Gerald Barnett

We have worked through the set up to a review article on the Bayh-Dole Act from the perspective of a couple of university licensing office practitioners. It’s a fascinating exercise in repeating the conventional vocabulary of university licensing offices but … Continue reading →

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Ten Years After 25 Years After Bayh-Dole, Part 5

Posted on January 12, 2017 by Gerald Barnett

We have been considering an article reviewing the Bayh-Dole Act published in Nature Biotechnology ten years ago. The purpose in working through the article is to show just how deeply the rhetoric of university “technology transfer” has gained a life … Continue reading →

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