Search the RE article base
Contact Information
Twitter
My TweetsUseful Web Sites
Category Archives: Bayh-Dole
Dr. Irene Till, Pharma Monopoly, and the Bayh-Dole Heist
In a recent Twitter post, Prof. Richard R. John at Columbia University (@RrjohnR) asks for suggestions for a bibliography of “scholarship on the history of anti-monopoly since 1945.” One respondent cites Elizabeth Popp Berman “Why Universities Patent” (well, Prof. Berman … Continue reading
What Bayh-Dole has stolen from us
In an article published August 29, 2021 in The Intercept, Alexander Zaitchik describes the passage of the Bayh-Dole Act as “The Great American Science Heist,” with the subtitle “How the Bayh-Dole Act Wrested Public Science From the People’s Hands.” He … Continue reading
Posted in Bayh-Dole, History, Technology Transfer, Vannever Bush
Tagged Bayh-Dole, Rickover, Zaitchik
Leave a comment
The use of the patent system for federal research results, 11: Safeguards that don’t guard
We have been working through Federal Security Agency order 110-1, which in 1952 introduced an agency-wide policy for inventions made in public health research. The core of the policy was to prefer open access for all such inventions, but then … Continue reading
Posted in Bayh-Dole, Policy, Technology Transfer
Tagged development, free rider, safeguard, waste, widest distribution
Leave a comment
The use of the patent system for federal research results, 10: the drivers that eventually produce Bayh-Dole
There’s the version of the theory of patent rights that asserts that exclusionary practice is at the heart of the value of a patent, and any practice that declines to assert a patent wastes that value. This theory of exclusionary … Continue reading
Posted in Bayh-Dole, History, Policy, Technology Transfer
Tagged exclusion, patent, safeguard, technology transfer
Comments Off on The use of the patent system for federal research results, 10: the drivers that eventually produce Bayh-Dole
The use of the patent system for federal research results, 5: Possibilities of patent use
We are working through and around FSA order 110-1, the first major federal executive branch policy regarding inventions made in federally funded work, issued in 1952. The Supreme Court in its 1933 decision in Dubilier said the it was up … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged excessive, possibility, practical application, unreasonable
Comments Off on The use of the patent system for federal research results, 5: Possibilities of patent use
Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk, 3
Norman Latker, formerly patent counsel at the NIH and chief architect of Bayh-Dole and its extension by Presidential memorandum to all federal contracting, argues that if federal inventions are not privately owned and exploited for their exclusionary and financial value, … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged Bayh-Dole, exclusive license, Latker, risk capital
Comments Off on Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk, 3
Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk, 2
Let’s return to Norman Latker’s talk from 1984, “Federal Initiatives for Innovation.” Keep in mind, Latker drafted the IPA master agreement, the Bayh-Dole Act, Reagan’s 1983 memorandum that displaced the Kennedy and Nixon patent policies, the 1984 amendments to Bayh-Dole … Continue reading
Senator Nelson on the problem of “public interest” in federal patent policy, 2
The federal public policy for inventions made in federally funded work then becomes “whatever the contractor that hosts the work chooses to do, so long as the contractor files a patent application.” In Bayh-Dole, there’s no federal review of a … Continue reading
Posted in Bayh-Dole, History, Policy
Tagged Bayh-Dole, Latker, Public Citizen, public interest
Comments Off on Senator Nelson on the problem of “public interest” in federal patent policy, 2
Senator Nelson on the problem of “public interest” in federal patent policy, 1
The “public interest” plays an important role in federal invention policy. In 1963, President Kennedy announced a policy that permitted nonprofit organizations to request to retain title to inventions made in federally funded work, providing that Where the commercial interests … Continue reading
Posted in Bayh-Dole, History, Policy, Vannever Bush
Tagged Bayh-Dole, IPA, Nelson, patent policy, public interest
Comments Off on Senator Nelson on the problem of “public interest” in federal patent policy, 1
Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk
In 1984 Norman Latker, who as NIH patent counsel drafted the Bayh-Dole Act on the sly, gave a talk (“Federal Initiatives For Innovation“) to the American Intellectual Property Association. At the time, Latker worked for the Department of Commerce, and … Continue reading
Posted in Bayh-Dole, History, Technology Transfer, Vannever Bush
Tagged Bayh-Dole, Latker
Comments Off on Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk