Category Archives: Bayh-Dole

37 CFR 401.9

There’s something interesting about 37 CFR 401.9.  Okay, so you don’t have Bayh-Dole memorized.  37 CFR 401.9 is the provision that implements, among other things, 35 USC 202 (d), which is the part of the Act that allows inventors to … Continue reading

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Next Generation Technology Transfer

After 30 years of effort to build a patent practice around university research, university technology transfer is poised to shift.  The pressure presently being put on central control and rigid processes in the name of efficiency is welcome.  This pressure … Continue reading

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Some Wrinkles

[Seven years ago, before I studied the history of Bayh-Dole, I still thought it was a workable framework for the management of inventions made with federal support. It’s amazing how one’s perspective can change with some context. Bayh-Dole was built … Continue reading

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Pressing the Issues

What are the pressing issues facing university “technology transfer”? If we start with how to encourage a rich engagement between research inquiry and the broader community, we are at the nub of it. The particular variety of engagement called technology … Continue reading

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Is This as Good as It Gets?

One of the biggest problems with university technology transfer is that it cannot manage deliberative rhetoric. Everything is criticism, and the criticism is construed to attack the idea of technology transfer, Bayh-Dole, and/or the competency of those working in the … Continue reading

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But Wait, There’s More

There is yet another angle. Why must the prior present assignment and Bayh-Dole be mutually exclusive? Bayh-Dole sets out to provide a uniform policy to protect the government’s interest. That interest is satisfied per the written agreement requirement, for inventors, … Continue reading

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*Don't* Don't Fear the Reaper

Okay, so this is longer than I’d like. It isn’t a simple situation. The neat thing is, if it’s longer than you’d like, you can always pull out. I offer here some alternatives to the approaches of reading Bayh-Dole as … Continue reading

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Beating Back Flexibility

“Finding 6. …. In fact, successful commercialization often depends on active inventor engagement, and, in some cases, their playing a lead role.” In fact? Or, “by way of a lazy assertion”? The AUTM-spawned confusion over the nature of agency and … Continue reading

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The One Constant is Monontony

Finding 5: A persuasive case has not been made for converting to an inventor ownership or “free agency” system in which inventors are able to dispose their inventions without university administration approval. Well, here the report gets down to beating … Continue reading

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Too Fun

“Finding 4: The Bayh-Dole legal framework and the practices of universities have not seriously undermined academic norms of uninhibited inquiry, open communication, or faculty advancement based on scholarly merit. There is little evidence that IP considerations interfere with other important … Continue reading

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