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Category Archives: Bayh-Dole
The groundwork for university research innovation
We helped work on an op/ed piece on the problems presented if Bayh-Dole becomes a vesting statute. Today IP Watchdog published it on their website. Fundamental university research innovation values are vision, choice, respect, and mutual agreement–not money, monoculture, compulsion, … Continue reading
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Ten Reasons Why Bayh-Dole Isn't and Shouldn't Become a Vesting Statute
Here are 10 reasons why Bayh-Dole is not a vesting statute, shouldn’t become one, and why that approach should not be taken in an effort to resolve Stanford v. Roche. 1. It is a broken reading of the law. Trying … Continue reading
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Back on the A-110
I would like to expand on what used to be OMB Circular A-110. Section .36 deals with intangible property. Bayh-Dole via 37 CFR 401 is incorporated by reference at .36(b). At (d), there is this text: Title to intangible property … Continue reading
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Invention, patent, vision
I am working to get at the root of why anyone would think a compulsory linear model, however driven and resourced, could possibly make any sense at all, especially in light of the last 30 years of dismal failure by … Continue reading
Posted in Bayh-Dole, History, Technology Transfer
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Same as it ever was
I’m trying to pin this down. It is has been a long haul. First we looked at Stanford v Roche and the AUTM arguments for vesting and found them all scary and wrong, but it took a lot of work … Continue reading
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Ruby Slippers? What Ruby Slippers?
In The Wizard of Oz, Dorothy is sent to get the broomstick of the Wicked Witch of the West, having first to deal with her winged monkeys, only to find out that the secret to getting home was the ruby … Continue reading
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Rising Conflation
It would appear that many university patent administrators conflate electing to retain title with having title. They want to do this. They think this is a good thing. Bayh-Dole makes no express transfer of title from inventors to the employing … Continue reading
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SPRCing of Bayh-Dole
Bayh-Dole is implemented by federal agreements. There is no general statement in the Act that ownership of inventions previously with inventors is now with their employer hosts. Not outright, not by notice to the government. It is just not there. … Continue reading
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The kid who kicked the hornet's nest
Folks should read Bayh-Dole carefully, closely. This would be a good time to lay out how folks think the law operates, and back up each claim with citations, and show how the claims and citations all work together. Nothing ignored, … Continue reading
In Defense of Inventor Liberty
University patent administrators are proposing a distorted reading of federal regulations in an effort to ensure that you never own your own inventions, even when you make them on your own time, outside of the use of university facilities. They think it makes … Continue reading
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