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Author Archives: Gerald Barnett
Why Bayh-Dole . . . should go down
Here’s an even shorter response to Brian O’Shaughnessy’s inventor-loathing, Bayh-Dole-misrepresenting puff piece, “Why Bayh-Dole?” If individual rights are so important, then why do universities take institutional control of inventions? Locke and Madison argue for individual ownership. Universities use Bayh-Dole to strip … Continue reading
Posted in Uncategorized
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LES undermines Bayh-Dole for Congressional staffers
Brian P. O’Shaughnessy, the president of LES, has a little puff piece out purporting to defend Bayh-Dole–“Why Bayh-Dole?” In the piece, O’Shaughnessy sets up a straw man argument about open innovation and anti-patent advocacy and then strings together more logical fallacies … Continue reading
Would lowering drug prices really reduce research on cures and remedies?
Vox recently published an article on the high price of drugs, “The true story of America’s sky-high prescription drug prices.” Here are three sentences that make a claim worth considering: What’s harder to see is that if we did lower drug … Continue reading
Posted in Bayh-Dole, Social Science
Tagged Bayh-Dole, casino economics, drug research, investment, trade-off
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An Outline of Bayh-Dole for Universities (with comments)
Here is a simple outline of Bayh-Dole for universities. I’ve cut out a bunch of technical apparatus and highlighted particulars that walk back or alter things in odd ways. Bayh-Dole is part of federal patent law. 35 USC 200 Statement … Continue reading
The Dole/Bayh Bill and Commercialization Rates
In 1983 Senator Bob Dole wrote a letter to Senator Charles Mathias, Jr. regarding a bill Sen. Dole intended to introduce to extend the “Dole/Bayh bill” (as Sen. Dole called it) to large businesses. I rather like the construction Dole/Bayh. Perhaps we … Continue reading
Establishment–Why Bayh-Dole Has Failed
The primary thrust of Bayh-Dole, its big public splash, is that the patent system will be used to promote the use of inventions made with federal support, so there’s public benefit on reasonable terms. 35 USC 200 It is the … Continue reading
Posted in Bayh-Dole
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Working through an old op/ed on university ownership of inventions
I was out browsing the web and came across an op/ed from 2011 published in the Baylor University magazine Lariat. The anonymous author was opining about the Stanford v Roche case and the title makes clear the position: “Patents should … Continue reading
Posted in Bayh-Dole, Bozonet, Stanford v Roche
Tagged bullshit, invention, patent, professor, royalties, Stanford v Roche
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How I got into this mess
I got my start in university technology transfer as a graduate student at the University of Washington. I was working toward a doctorate in literature and interpretation. My dissertation dealt with the representation of text, using medieval manuscripts as a … Continue reading
Posted in History, Technology Transfer
Tagged distributed distribution, Feyerabend, Piers, research enterprise, technology transfer
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Bayh-Dole has dropped commercialization rates from 25% to 0.5%: what more can we expect?
University licensing programs appear to have about a 0.5% commercialization rate. That is, of all the assets reported to them which they claim, only 1 in 200 (or less) actually results in a commercial product (without regard to the “success” … Continue reading
Posted in Bayh-Dole, Commons, History, Metrics, Policy
Tagged Bayh-Dole, commercialization, Harbridge House, licensing, Picasso
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Documented and undocumented technology transfer programs
Recently, the University of California, in an internal report on its technology transfer program, indicated that its commercialization rate was 0.5%–1 invention in 200 got to the point of a commercial product. There was no indication whether those commercial products … Continue reading