Category Archives: Bayh-Dole

Search on RE: Bayh-Dole provisions and subject inventions

Here’s a recent search on Research Enterprise: “bayh-dole provisions only apply to subject inventions.” Is it a question? Is it an assertion? Does Bayh-Dole apply only to subject inventions? No. Some Bayh-Dole provisions do apply to subject inventions, but much … Continue reading

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The non-preference for US manufacturing under Bayh-Dole

A recent search at RE was looking for “preference for manufacturing in US under Bayh-Dole.” There’s a series of articles here on 35 USC 204. There’s also discussion of the related march-in provision at 35 USC 203(a)(4) and the broader … Continue reading

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Crap, crap, crap, Bayh-Dole, and crap talking points

Think of these as presentation slides, but without the actual mental pain of seeing slides. Bayh-Dole has failed to produce the outcomes claimed has destroyed university research freedom and technology transfer is a drafting nightmare of inconsistencies, half-hearted gestures, and … Continue reading

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Crap, crap, crap, Bayh-Dole, and crap (short attention span version)

Bayh-Dole is crap. Bayh-Dole practice is crap. Bayh-Dole outcomes are crap. Universities bluff about Bayh-Dole and about their metrics. Federal agencies don’t protect the public from university patent abuse. Federal agencies don’t act on the rights Bayh-Dole reserves for them. … Continue reading

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If you are against a crappy law like Bayh-Dole

Kevin E. Noonan, a biotech patent attorney, made an interesting assertion in a LinkedIn comment on the fourth article in this series. Maybe he was being flippant, but let’s consider: People against Bayh-Dole just support private industry (much of it … Continue reading

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Reflections on Shill Reflections on Bayh-Dole, 7: Grubbers, innovation, and march-in

Reflections on Bayh-Dole by “industry leaders”–shills out shilling for industry. Good shilling earns shillings, so it is a viable career choice. We use these shills reflecting on Bayh-Dole to also reflect on Bayh-Dole, though our reflections won’t earn us any … Continue reading

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Reflections on Shill Reflections on Bayh-Dole, 6: Fragmentation, lockup, and babble talk

We are still reflecting on reflections on Bayh-Dole. It’s a hall of mirrors, with reflections all the way down to the insubstantial substance of the operation of the statute itself. We continue with a reflection on a reflection of what … Continue reading

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Reflections on Shill Reflections on Bayh-Dole, 5: Incentives and basic research

We have been working through a set of reflections on Bayh-Dole by a set of patents-in-healthcare shills. We are at this claim: prior to the Act, the government often funded research to spark innovation, but then put the research in … Continue reading

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Reflections on Shill Reflections on Bayh-Dole, 4: Fake history, executive branch patent policy, and contamination

Back to reflecting on fake history, namely this: prior to the Act, the government often funded research to spark innovation, but then put the research in the public domain for non-exclusive licensing,… Executive branch patent policy from Kennedy on (until … Continue reading

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Reflections on Shill Reflections on Bayh-Dole, 3: Fake history, sparking innovation, and a pernicious requirement

[I have made revisions and additions and placed the second half of this article in part 4.] We are still reflecting on reflections on Bayh-Dole by “leaders” hoping that you will follow them. More: prior to the Act, the government … Continue reading

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