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Category Archives: Bayh-Dole
Another question on RE: are exclusive license and assignment the same thing?
Here’s another question on RE: “is an exclusive license of technology and an assignment the same thing?” Answer: yes and no. Let’s talk exclusive license and assignment of inventions rather than technology. An assignment expressly conveys title to an invention. … Continue reading
Latker Here, There, and Everywhere in Bayh-Dole
Norman J. Latker is the architect of present federal patent policy. Let’s work through his resume. It provides a remarkable tale of persistent influence leading to the unenforced, innovation-stagnating, dismal-performance (but it’s all kept secret, by law) Bayh-Dole Act. Latker … Continue reading
For Latker, Bayh-Dole wins a political battle over delivery of research to the public
In February 1974, Norman J. Latker, patent counsel for the NIH, gave a talk in Chicago with the title “Progress Towards a Uniform U.S. Government Patent Policy for Universities and Non-Profit Organizations.” You can find most of it at IP … Continue reading
NIST, Bayh-Dole Policy, and Disincentives
I spent the past two weeks working on comments in response to NIST’s proposed new regulations for Bayh-Dole. I ended up with 73 pages of answers to questions and section-by-section comments, and about 60 pages of outtakes. NIST didn’t make … Continue reading
Unenforced, Bayh-Dole enables a federal offer to look the other way on price-gouging
The government’s failure to use its government license to practice and have practiced (=make, use, and sell) puts undue pressure on march-in to address nonuse and unreasonable use of inventions arising in work receiving federal support. NIST wants to gut … Continue reading
Posted in Bayh-Dole, high priced medicines, History, Vannever Bush
Tagged Bayh-Dole, government license, march-in, monopoly pricing, NIST
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Bayh-Dole support for inventors and free competition
I made this a twitter thread. I’ll post it here as well and work to round it out as I have time. It’s the flip side of being blunt about what happens under Bayh-Dole if an inventor does not assign … Continue reading
Posted in Bayh-Dole
Tagged (f)(2), 35 USC 202(a), 35 USC 202(c)(7)(A), 401.9, Bayh-Dole, charade
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Being blunt about Bayh-Dole operations, 2
Under Bayh-Dole, a federal contractor has no special right, and no obligation, to take ownership of inventions arising in federally supported research or development. There is nothing, absolutely nothing, in Bayh-Dole that suggests that Congress had any intention to make … Continue reading
Posted in Bayh-Dole, History
Tagged (f)(2), Bayh-Dole, FPR, IPA, reasonable interpretation, written agreement
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Being blunt about Bayh-Dole operations
Let’s be blunt. If you are a federal contractor and you don’t take/accept ownership of an invention arising in federally supported research or development, you have no Bayh-Dole obligations with regard to that invention. You do not have to get … Continue reading
Posted in Bayh-Dole, high priced medicines, Policy
Tagged 401.9, Bayh-Dole, scam, written agreement
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The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 4
Well, now we can look at Bayh-Dole’s nonprofit assignment provision. It’s in Bayh-Dole’s specification for what must be included in a patent rights clause that runs with any funding agreement with a nonprofit or small business. Here, 35 USC 202(c)(7)(A): … Continue reading
Posted in Bayh-Dole
Tagged assignment, Bayh-Dole, IPA
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The IPA and Bayh-Dole on nonprofit assignment of subject inventions, 3
We are working through the approaches of the IPA master and Bayh-Dole’s standard patent rights clause to the assignment of inventions by nonprofit organizations. Unlike the IPA, which was a federal master contract made with selected organizations, Bayh-Dole is a … Continue reading