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

Posted in Bayh-Dole, Social Science, Technology Transfer | Comments Off on The groundwork for university research innovation

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

Posted in Bayh-Dole | Comments Off on Ten Reasons Why Bayh-Dole Isn't and Shouldn't Become a Vesting Statute

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

Posted in Bayh-Dole, IP, Technology Transfer | Comments Off on Back on the A-110

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 | Comments Off on Invention, patent, vision

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

Posted in Bayh-Dole | Comments Off on Same as it ever was

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

Posted in Bayh-Dole | Comments Off on Ruby Slippers? What Ruby Slippers?

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

Posted in Bayh-Dole, Social Science, Technology Transfer | Comments Off on Rising Conflation

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

Posted in Bayh-Dole | Comments Off on SPRCing of Bayh-Dole

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

Posted in Bayh-Dole | 1 Comment

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

Posted in Bayh-Dole, Social Science, Technology Transfer | Comments Off on In Defense of Inventor Liberty