Category Archives: Bayh-Dole

University patents under federal scrutiny

At the most recent cabinet meeting, the Secretary of Commerce said some words about university patents to the effect that the billions of dollars of federal research sent to universities has resulted in universities owning a bunch of patents and … Continue reading

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On becoming Dublin again

Adrian Johns, in Piracy: The Intellectual Property Wars From Gutenberg to Gates, describes the difference in approach to literary property between the rival cities London and Dublin. For London publishers, literary property was held to be perpetual. For Dublin publishers, … Continue reading

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End the disaster of university patenting for exclusive licensing

While there is a place for exclusive patent licensing (but why not just assign?), the university screws over its public mission by involving itself in exclusive deals. Just because those deals aren’t obvious to the public unless they make big … Continue reading

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The better way is no way: background rights, royalty stacking, and double licensing arising from university IP claims

Let’s start blunt. Then extended discussion. Snark as needed. Current university IP policies create a background rights problem that drives away collaborators, makes university-based inventions irrelevant, and makes university dealings with IP default to unreliable. One of the dark problems … Continue reading

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Bayh-Dole, Federal Agency Conflict of Interest, and the Covid Vaccines

Here is a recent video clip of an interview with Robert F. Kennedy, Jr. He asserts that it was known that HCQ and Ivermectin were effective in treating corona viruses by 2004. Robert F. Kennedy Jr. claims that "We knew … Continue reading

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Faculty Strategies for Getting Their IP Back, 2

Here are some strategies for getting IP back that don’t work or avoid IP ownership. (1) Don’t disclose an invention to the university, and file for a patent on your own. Your application will be published in a year or … Continue reading

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AUTM arguments for not complying with Bayh-Dole

Just a quick note here on AUTM arguments are for not complying with Bayh-Dole. Just off a meeting that paid attention to AUTM’s position. I’ll summarize the main arguments here. Access in the form of commercial products is more important … Continue reading

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Xtandi, Bayh-Dole, and how Pfizer might stop worrying and love the march in

The American Prospect has an interesting piece (“A Big Miss on Drug Prices”) on the NIH yet again defying the Bayh-Dole Act and refusing to launch an investigation into whether UCLA and Pfizer have met Bayh-Dole’s standard (35 USC 201(f)) … Continue reading

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Inventors would own more, were it not for noncompliant Bayh-Dole practice

I saw this tweet this morning: I agree Inventors should own more, but institutions were/are the heart of Bayh-Dole that (arguably) enables IP-driven startups… this is bc many/most PI inventions would go into a black hole without tech transfer officer … Continue reading

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Why not let’s try, Frank?

Frank Cullen, writing at the “Council for Innovation Promotion” has posted a hand-wringing response to a letter from members of Congress to the Secretary of Health and Human Services requesting that the government use Bayh-Dole’s march-in provisions to address price … Continue reading

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