Category Archives: Bayh-Dole

Outline of the federal framework for the disposition of inventions

Here is an outline of the federal framework for inventions. I have included links to various documents. Lots more to be said, and the brief account here is more gist than deep summary, but perhaps you find it helpful. Plenty … Continue reading

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ChatGPT’s Response to a Question Regarding Bayh-Dole Enforcement

Here’s another ChatGPT response, this one to “What are the key provisions of the Bayh-Dole Act that federal agencies fail to enforce?” It’s sort of a trick question, and ChatGPT fails to recognize that. Given that ChatGPT must use extant … Continue reading

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ChatGPT’s Garbled But Expectable Version of Bayh-Dole

I asked ChatGPT for “the key points of the Bayh-Dole Act.” Here’s the first response: The Bayh-Dole Act is a United States federal law that was passed in 1980. It allows businesses, universities, and other organizations to retain ownership of … Continue reading

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A Bayh-Dole Quicker Read Made Much Longer!

Here’s an even shorter version of Bayh-Dole, with some paraphrasing [now made much longer with comments to show why these quick things matter.] Use the patent system to promote the use of inventions. [This is a restriction. The Constitutional mandate … Continue reading

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A look at recent startups at Duke

A recent tweet called out the Duke University technology transfer program for starting 12 companies so far in 2022. That’s a good number of startups for a university. We should applaud. But the tweet went on to attribute the startups … Continue reading

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Mixing Two Governments’ Funding

Here’s an interesting statement of government rights in a University of Arizona patent, 9239453 B2. (I’d link to the USPTO patent server, but since the change in search software, it’s not obviously possible.): GOVERNMENT RIGHTS (1) This invention was made … Continue reading

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The failed Bayh-Dole bargain, 4

Finally, we reach Xtandi. The authors provide the pricing of $156,000 per year, but don’t point out that generic manufacturers have offered to produce Xtandi for $3 per pill–or about $4,300 per year. There’s a claim that Astellas has spent $1.4 … Continue reading

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The failed Bayh-Dole bargain, 3

We are working through a new article on Bayh-Dole march-in, written by two PhD patent attorneys. In its way, the article is more puff piece than law review, drawing its frame from the sources chosen, not much looking at the … Continue reading

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The failed Bayh-Dole bargain, 2

We are working through an article about the possibility that the federal government might use march-in to address unreasonable pricing for Xtandi. The case for march-in is as strong as any could be. But to get at this issue, our … Continue reading

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The failed Bayh-Dole bargain, 1

Dr. Rebecca McFadyen and Dr. Tara Nealey–both working for an IP law firm–have published an article “Will old Bayh-Dole be taught new tricks?” Me, Dr. Barnett–not working for an IP law firm–thinks they have got it wrong. Consider: Before 1980 … Continue reading

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